Overview
When someone induces you to part with money or property through deception, it is cheating under BNS Section 318 (the old 420 IPC). When property entrusted to someone is dishonestly misappropriated — a partner, agent, employee, or friend — it is criminal breach of trust under Section 316 (old 406). Criminal prosecution runs alongside civil recovery and often produces settlements a plain recovery suit cannot.
Key Provisions — Bharatiya Nyaya Sanhita (BNS), 2023
- BNS Section 318(4) — cheating and dishonestly inducing delivery of property: up to 7 years imprisonment and fine.
- BNS Section 316 — criminal breach of trust; higher punishment for agents, employees and public servants.
- Intention at the time of the promise distinguishes criminal cheating from a mere civil breach of contract.
- FIR, investigation, attachment of proceeds, and prosecution can proceed alongside a civil recovery suit.
What You Can Get
How We Handle It
Evidence Mapping
Agreements, chats, payments, and promises — we establish dishonest intention.
Complaint / FIR
Police complaint or Magistrate complaint framed on the correct sections.
Investigation Support
We assist the investigation and oppose bail where recovery is at risk.
Recovery & Trial
Push for restitution, settlement, or conviction as the matter develops.
Frequently Asked Questions
Is not returning borrowed money cheating?
Only if dishonest intention existed when the money was taken — otherwise it is a civil recovery matter. We assess which route (or both) fits your facts.
Can I run a civil suit and criminal case together?
Yes — they are independent, and running both is common in money frauds.
Legal Connect connects you with independent criminal advocates; we are not a law firm and this page is general information, not legal advice. In an urgent arrest situation, call us directly on +91 22 6555 3444.