What is difference between cheating and criminal breach of trust?

 Cheating and criminal breach of trust differ mainly in the stage of dishonest intention: in cheating, the dishonest intention exists from the very beginning and the property is obtained by deception, while in criminal breach of trust, the property is initially received lawfully through entrustment and is dishonestly misappropriated later.

30-second answer

“Sir/Madam, the basic distinction is this: in cheating, the accused has dishonest intention from the very inception and by deception induces the victim to deliver property. In criminal breach of trust, the accused initially receives the property lawfully because it was entrusted to him, but later dishonestly misappropriates or converts it in violation of that trust. Thus, cheating begins with deception, whereas criminal breach of trust begins with entrustment and ends in dishonest misappropriation.”

Interview points

• Cheating requires deception and fraudulent or dishonest inducement at the very start of the transaction.

• Criminal breach of trust requires entrustment or dominion over property, followed by dishonest misappropriation or unauthorized use.

• The timing of mens rea is the key test: from inception in cheating, arising after entrustment in criminal breach of trust.

One-line example

If A obtains money from B by making a false promise, it is cheating; if B lawfully gives money to A for a specific purpose and A later diverts it for personal use, it is criminal breach of trust.

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