Is Section 318 of the Bharatiya Nyaya Sanhita bailable or non-bailable?

Is Section 318 of the Bharatiya Nyaya Sanhita bailable or non-bailable?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 15 Sep 2025

Dear Client, The provision referred to in your question deals with the offence of cheating. Whether the offence is bailable or not cannot be determined in the absence of complete details, as it depends on the specific nature and circumstances of the case. Cheating an individual with whom there is no legal or contractual relationship is considered as a bailable offence. However, if cheating is committed against a person with whom a legal or contractual obligation exists, it becomes non-bailable. Similarly, cheating with the intention of unlawfully obtaining property is classified as a non-bailable offence. I hope this answer helps. For any further queries please do not hesitate to contact us.Thank you.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 06 May 2025

The provision mentioned above specifically deals with the offence of cheating. The question of whether it is bailable or not cannot be answered directly as the nature of offence is unknown. Therefore, a general context shall be provided but contact an advocate to get case specific advice or provide more details. Offence of cheating committed against an individual with whom you share no legal or contractual bond is bailable, cheating a person with whom you share a legal or contractual bond is non-bailable and finally cheating to gain property is non-bailable.

Admin
Advocate By LEAD INDIA Answered: 29 Mar 2025

Section 318 of the Bharatiya Nyaya Sanhita (BNS) deals with cheating. It is a bailable, non-cognizable offence which means that the police cannot investigate without court approval, and the accused can get bail easily. It involves dishonest inducement causing wrongful loss. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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