Criminal Breach of Trust vs. Cheating: Decoding the Confusion
Criminal Breach of Trust vs. Cheating: Decoding the Confusion By Nikhil Varshney , Kartik Sharma & Rishita Khandelwal on August 29, 2024 Introduction Offences such as cheating and criminal breach of trust are often invoked in Indian criminal law system. It is common practice that when a First Information Report (“ FIR ”) is registered under Section 406 of the Indian Penal Code, 1860 (“ IPC ”) (Section 316 of the Bhartiya Nyaya Sanhita, 2023 (“ BNS” )) for criminal breach of trust, the same is also registered under Section 420 of IPC (Section 318 of BNS) for cheating. This practice is on account of a long-drawn confusion between the two offences, wherein the two are often equated and thus understood as offences with similar ingredients. In a recent ruling of the Hon’ble Supreme Court in Delhi Race Club (1940) Limited v. State of Uttar Pradesh , Criminal Appeal No. 3114 of 2024 (“ Delhi Race Club case ”), the Apex Court dealt with it in...