Offences commonly involved
| Offence | BNS, 2023 | Earlier IPC, 1860 |
|---|---|---|
| Cheating (definition) | Section 318(1) | Section 415 |
| Cheating and dishonestly inducing delivery of property | Section 318(4) | Section 420 |
| Cheating by personation | Section 319 | Section 419 |
| Criminal breach of trust | Section 316 | Sections 405–409 |
| Forgery | Section 336 | Sections 463, 465, 468 |
| Forgery of valuable security, will, etc. | Section 338 | Section 467 |
| Using a forged document as genuine | Section 340 | Section 471 |
| Criminal conspiracy | Section 61 | Section 120B |
The BNS applies to offences committed on or after 1 July 2024. Offences committed before that date continue to be governed by the then-applicable IPC, now replaced by the BNS.
Civil dispute or criminal offence?
Many cheating complaints arise out of commercial transactions, property deals or unpaid dues. Courts have repeatedly observed that a mere breach of contract does not by itself amount to cheating; the prosecution must show dishonest or fraudulent intention at the inception of the transaction. Where a dispute is essentially civil in nature, the accused may consider seeking quashing of the FIR before the Delhi High Court.
Investigating agencies in Delhi
Cheating and fraud complaints are investigated by the local police station, and larger or complex matters may be handled by the Economic Offences Wing (EOW) of Delhi Police. Cyber fraud complaints may be dealt with by cyber police units. Where a police station does not register an FIR for a cognizable offence, a complainant may approach senior police officers and then the Magistrate under Section 175(3) BNSS (formerly Section 156(3) CrPC), which under the new law must be supported by an affidavit and by a copy of the application first made to the Superintendent of Police under Section 173(4) BNSS.
Stages of a typical case
- Complaint and registration of FIR, or a complaint case before the Magistrate;
- investigation, including notices under Section 35(3) BNSS, seizure of documents and bank records;
- bail — anticipatory or regular — where required;
- filing of the charge-sheet and framing of charges;
- trial, including documentary and electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023;
- judgment and, if necessary, appeal or revision.
Best way to handle a cheating complaint: the first days
If you are looking for the best criminal lawyer for a cheating or fraud complaint in Delhi, judge the approach, not the slogan. In the first days the useful steps are the same in almost every case: get the complaint or FIR copy, note the police station or the EOW unit, collect the agreement, payment trail and messages, and do not ignore any notice. A notice under Section 35(3) BNSS asks you to appear; it is not an arrest, but a missed notice can turn into one. Where an arrest looks possible, anticipatory bail is usually considered before the first appearance, and where the transaction is plainly a civil dispute the FIR itself can be challenged.
Many cheating complaints end in settlement of the money dispute. Whether a particular offence can be compounded, and whether a settlement can be used to ask the High Court to quash the FIR, depends on the section invoked and the facts, so ask before signing any settlement paper.
How we approach these cases
Our advocates start with the money trail and the dates: what was promised, when, what was paid, and what the complainant knew. That timeline decides whether the case is really cheating, a breach of contract, or a settled commercial dispute. We then choose the forum and the remedy that fit the stage: a reply to the police notice, anticipatory or regular bail, a petition for quashing under Section 528 BNSS, or defence at trial. We tell you plainly what the papers support. No lawyer can promise a result, and we do not.
Need to speak to someone now? Call +91 97181 81919, 24×7 for arrests, or message us on WhatsApp.
Documents usually relevant
- agreements, invoices, receipts and correspondence between the parties;
- bank statements and proof of payments;
- emails, messages and other electronic records, with the certificate required under Section 63 BSA (formerly Section 65B of the Indian Evidence Act);
- a copy of the FIR or complaint and any notices received.
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Send the FIR or notice on WhatsApp with the police station name and we will tell you the court and the next step.
FAQ
Frequently asked questions
What is the new section for cheating, formerly IPC 420, under the BNS?
Cheating and dishonestly inducing delivery of property, formerly Section 420 IPC, is now covered by Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.
What is the new section for criminal breach of trust (formerly IPC 406)?
Criminal breach of trust is now dealt with in Section 316 of the BNS. Section 316(2) corresponds to the punishment provision in what was formerly Section 406 IPC.
Is every failed business deal a case of cheating?
No. Courts have held that a breach of contract is not cheating unless there was dishonest or fraudulent intention at the time the promise was made or the transaction began.
Which law applies if the fraud happened before 1 July 2024?
Offences committed before 1 July 2024 continue to be governed by the Indian Penal Code, 1860, now replaced by the BNS. The BNS applies to offences committed on or after that date.
What is the Economic Offences Wing?
The Economic Offences Wing (EOW) is a specialised unit of Delhi Police that investigates certain economic offences, such as large-scale cheating, fraud and financial scams.
Who is the best criminal lawyer for a cheating case in Delhi?
The best criminal lawyer for a cheating case is the one who reads the money trail first, picks the right remedy for the stage of the case and is honest about the outcome. Ask any lawyer how they would handle your papers; our advocates do exactly that on the first call.
Can I be arrested straight away in a cheating case?
Not automatically. For many offences the police first issue a notice under Section 35(3) BNSS asking you to join the investigation, but arrest is possible if the police consider it necessary and record reasons. If you fear arrest, anticipatory bail under Section 482 BNSS is the usual step to consider.
Can a cheating FIR be quashed if the dispute is only civil?
It can be, in a suitable case. The High Court can quash an FIR under Section 528 BNSS where the complaint, even if taken as true, shows only a civil or contractual dispute and no dishonest intention at the start. Whether it will do so depends on the facts and the stage.
What is the difference between cheating and criminal breach of trust?
In cheating, dishonest intention exists when the promise is made or the transaction begins (Section 318 BNS). In criminal breach of trust, the property was handed over lawfully and was later dishonestly misused or converted (Section 316 BNS).
What documents should I take to the lawyer in a cheating case?
Take the FIR or complaint copy, any police notice, the agreement, invoices, bank statements, and chats or emails. For electronic records, the certificate under Section 63 BSA (formerly Section 65B of the Evidence Act) is needed at trial, so keep the original devices safe.
Where is a cheating case filed in Delhi?
The FIR is registered at the police station in whose area the offence took place, or as a zero FIR at any station, and larger frauds may go to the EOW. The trial is then in the Magistrate court with jurisdiction, such as Tis Hazari, Patiala House, Saket, Rohini, Dwarka, Karkardooma or Rouse Avenue.
Can a cheating case be settled with the complainant?
Often the money dispute is settled, but a settlement does not close an FIR by itself. Depending on the offence it may be compounded before the court, or the parties may ask the High Court to quash the FIR under Section 528 BNSS. Get the settlement terms checked first.
Is forgery also added in cheating cases?
Frequently, yes. Where a document is said to be fake, complaints add forgery (Section 336 BNS), using a forged document as genuine (Section 340 BNS) and sometimes conspiracy (Section 61 BNS), which makes the case more serious and the defence more document-heavy.
Statutory references are to the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA), in force from 1 July 2024, with the corresponding provisions of the previously applicable IPC, CrPC and Indian Evidence Act noted for reference. This page is for general information only and is not legal advice.