Orissa High Court: BNS Offences Of Criminal Breach Of Trust And Cheating Cannot Co-Exist

The Orissa High Court reiterated that offences under Sections 316(5) and 318(4) of Bharatiya Nyaya Sanhita 2023, i.e., Criminal Breach of Trust and Cheating, cannot co-exist.

The Court noted that, in the offence of cheating, criminal intention is necessary at the time of making a false and misleading representation but in the Criminal breach of trust there may not been instant intention to commit that.

The Court was considering a petition filed by an accused challenging the order of cognizance in a case registered under Sections 316(5) and 318(4) of BNS.

Justice R.K. Pattanaik Stated that, “On a bare reading of the impugned order as at Annexure-4, the Court finds that there has been no such discussion by the learned court below, rather, the Court finds the order on dated 29th August, 2025 to be a cryptic one. It appears that the learned court below has not properly considered the materials on record along with a chargesheet to reach at a definite conclusion as to which of the two offences have been committed by the petitioner.In other words, it can be said that there has been no judicial application of mind by the learned court below, hence, the decision as per Annexure-4 needs a revisit keeping in view the settled position of law and the citations referred hereinbefore. So, the conclusion of the Court is that the impugned order dated 29th August, 2025 at Annexure-4 cannot be upheld and therefore, it shall have to be set at naught with the direction as hereinbelow.”

Advocate S. N. Das appeared for the Petitioner, and ASC B. Dash appeared for the State.

The Court referred two judgments from the Apex Court:

1. Delhi Race Club (1940) Ltd. and others Vrs. State of Uttar Pradesh and others 2024 8 SCR 670, where the court held that, “it has been concluded by the Apex Court that both the offences cannot co-exist, when the allegation is one of the breach of trust and the other one is for cheating.”

2. A similar view has been expressed in Arshad Neyaz Khan v. State of Jharkhand and others 2025 (4) Crimes 99 (SC), “The nature of offences, such as, criminal breach of trust and cheating and the essential ingredients therein with the conclusion that there may not been instant intention to commit the breach of trust, whereas, with regard to the offence of cheating, criminal intention is necessary at the time of making false and misleading representation and it would be from the very inception.”

Taking note of this, the Court ordered, “In the result, the impugned order at Annexure-4 passed in connection with G.R. Case No.287 of 2025 is hereby set aside with a direction to the learned J.M.F.C., Digapahandi to reconsider taking cognizance of the offence vis-‡-vis the petitioner and to pass a reasoned order reflecting upon the materials on record and keeping in view the observations made and the settled legal position of law discussed hereinabove.”

Cause Title: Priyam Pratham Sabat v. State of Odisha (CRLREV No.961 of 2025)

Appearance

Petitioner: Advocate S. N. Das

State: ASC B. Dash

Click here to read/download the order