What is BNS Section 318?
BNS Section 318 deals with the offence of cheating under the Bharatiya Nyaya Sanhita, 2023. It replaces the provisions relating to cheating under the Indian Penal Code, including the well-known IPC Section 420. The section covers different forms of cheating, with punishment and bail depending on the specific sub-section involved. General cheating under sub-sections (2) and (3) is bailable, while cheating involving dishonest inducement to deliver property under sub-section (4) is cognizable and non-bailable.
Is Bail Available in BNS Section 318?
Yes. A person accused under BNS Section 318 may apply for bail before the competent court.
- BNS Section 318(2): Generally Bailable
- BNS Section 318(3): Generally Bailable
- BNS Section 318(4): Non-Bailable (Cheating involving dishonest inducement to deliver property)
If the FIR is registered under BNS Section 318(4), bail is granted only after judicial consideration of the facts, evidence, and applicable legal provisions.
Step-by-Step Process to Apply for Bail
Step 1: Consult a Criminal Lawyer
Consult an experienced criminal lawyer immediately after the FIR is registered or after arrest to understand the allegations and prepare an appropriate bail strategy.
Step 2: Obtain the FIR and Case Documents
Collect copies of:
- FIR
- Complaint
- Arrest Memo (if applicable)
- Agreement or contract (if any)
- Bank transaction records
- Property-related documents (if applicable)
- Electronic communications (emails, WhatsApp chats, etc.)
- Statements of witnesses
- Charge Sheet (if filed)
- Other relevant case documents
Step 3: Prepare the Required Documents
Keep the following documents ready:
- Identity proof
- Address proof
- Bail application
- Supporting documents
- Surety documents (if required)
Step 4: Draft the Bail Application
The advocate prepares the bail application containing:
- Details of the accused
- FIR particulars
- Grounds for seeking bail
- Relevant legal provisions
- Supporting facts and documents
Step 5: File the Bail Application
Submit the bail application before the competent Magistrate or Sessions Court, depending on the applicable sub-section and the stage of the proceedings.
Step 6: Court Hearing
During the hearing:
- The prosecution presents objections to the bail application.
- The defence presents legal arguments and supporting documents.
Step 7: Court Considers Relevant Factors
The court may consider:
- Nature of the cheating allegations
- Amount involved
- Prima facie evidence
- Documentary and electronic evidence
- Bank transaction records
- Criminal antecedents of the accused
- Possibility of absconding
- Risk of influencing witnesses
- Possibility of tampering with evidence
- Stage of investigation or trial
- Overall facts and circumstances of the case
Step 8: Court Passes the Bail Order
After considering the available material, the court may:
- Grant bail subject to appropriate conditions, or
- Reject the bail application.
Step 9: Furnish Bail Bond
If bail is granted, the accused must furnish the required bail bond and surety as directed by the court.
Step 10: Comply with Bail Conditions
After release on bail, the accused should:
- Appear before the court whenever required.
- Cooperate with the investigation and trial.
- Not tamper with documentary or electronic evidence.
- Not threaten or influence witnesses.
- Strictly comply with all conditions imposed by the court.