Cheating and Fraud Cases in Delhi

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 IPC.

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

1. Complaint and registration of FIR, or a complaint case before the Magistrate;
2. investigation, including notices under Section 35(3) BNSS, seizure of documents and bank records;
3. bail — anticipatory or regular — where required;
4. filing of the charge-sheet and framing of charges;
5. trial, including documentary and electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023;
6. judgment and, if necessary, appeal or revision.

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.