Cheating under ipc by VIVEK JAMWAL

Cheating under ipc

Introduction

Cheating is considered as a criminal offence under the Indian Penal Code. It is done in order to gain profit or an advantage from another person by using some deceitful means. The person who deceives another knows for the fact that it would place the other person in an unfair situation. Cheating as an offence can be made punishable under Section 420 of the IPC.

Scope of Section 415

Cheating is defined under Section 415 of the Indian Penal Code as whoever fraudulently or dishonestly deceives a person in order to induce that person to deliver a property to any person or to consent to retain any property. If a person intentionally induces a person to do or omit to do any act which he would not have done if he was not deceived to do so and the act has caused harm to that person in body, mind, reputation or property, then the person who fraudulently, dishonestly or intentionally induced the other person is said to cheat. Any dishonest concealment of facts which can deceive a person to do an act which he would not have done otherwise is also cheating within the meaning of this section.

Essential Ingredients of Cheating

The Section requires:

Deception of any person.

Fraudulently or dishonestly inducing that person to deliver any property to any person or to consent that any person shall retain any property; or

Intentionally inducing a person to do or omit to do anything which he would not do or omit if he were not so deceived, and the act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

Important Ingredients of Deception and Inducement

Deception

One of the important ingredients which constitute the offence of cheating is deception. Deception can be done to induce the other person to either deliver or retain the property or to commit an act or omission. Deceiving means to make a person believe what is false to be true or to make a person disbelieve what is true to be false by using words or by conduct.

Wilful Representation and Cheating

In deception, a fraudulent representation or willful misrepresentation of a fact is made directly or indirectly with an intent to commit the offence of cheating. In order to prove the offence, it is not only important to prove that a false representation was made by the accused but also that the accused had the knowledge that the representation was false and wilfully made it in order to deceive the prosecutor. If the accused knowingly makes a representation which is false then the accused can be held liable for the offence of cheating under IPC.

Cheating and Misappropriation

Cheating and misappropriation are closely related. In cheating, the act of misrepresentation starts from the beginning of the act, whereas, in case of misappropriation it is not important that the offence of cheating will start from the beginning. The accused may obtain a property in good faith and then further misappropriate it in order to sell it for an advantage. It may be done against the will or without the consent of the owner.

It is seen that misappropriation is generally done by a person who is a relative, friend or a known person. The offence of misappropriation is defined under Section 403 of the IPC. It deals only with immovable properties and not with body, mind, reputation, or immovable property.

Deception and Cheating in Connection with False Promise of Marriage

In the case of Deception and cheating with a false promise of marriage, there can be no action for a breach of a promise under IPC unless there is a contract made by parties to marry each other. There are no specific requirements regarding the formation of the contract. It need not necessarily be in writing and there isn’t a particular set of words which needs to be used for the contract of marriage. A promise by one person to marry another will not be a binding promise unless and until that other person also reciprocates and promises to marry the first person. Mutual promises to marry between two parties may be implied from the conduct of the parties. A declaration of intention to marry another person made to a third person will not constitute a proper promise and an offer to marry unless his proposal is communicated to that person whom he intends to marry. It is not necessary that the mutual promises between the parties to be concurrent, it should be made within a reasonable time after the offer is made by a party to another. An action for breach of promise to marry may be taken under deception and cheating.

Punishment for Cheating

Cheating and Dishonestly Inducing Delivery of Property

According Sec 420 of IPC when a person cheats and thereby dishonestly induces the other person who is deceived to deliver any property to any other person or makes, alters or destroys the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Sec 420 of IPC is an aggravated form of cheating.

Simple cheating is punishable under Section 417 of IPC. Section 417 of IPC states that whoever is held liable for the offence of cheating shall be punished with imprisonment for a term which may extend to one year or with fine, or with both fine and imprisonment.

In case where there is delivery or destruction of any property or alteration or destruction of any valuable security from the act of the person who is deceiving, the offence is punishable under Section 420 of the IPC.

Under Section 420 of IPC, it is necessary to prove that the complainant was acting on a representation which was a false representation and the accused had a dishonest intention for it.

Conclusion

Cheating is an offence under IPC in which a person induces the other by deceiving the person to do any act or to omit to do an act. The intention of the accused plays an important part and is taken into consideration while deciding his liability. The two main elements that have to be considered in order to constitute the offence is deception and inducement. The intention to cheat on part of the accused at the time of making a false representation is needed to be proved. It must be shown that a promise was made by the accused and he failed to keep the promise and further, no effort was put in by him in order to keep the promise.

 

 

 

 

 

 

 

 

 

 

 

 

 

Leave a Reply

Articles

Kudo Anti-Aging Gummies Reviews [Kudo Zero Sugar Collagen Support] Where To Buy | Advantages | Price[REAL OR HOAX]

Kudo Anti-Aging Gummies • Product Name – Kudo Anti-Aging Gummies • Side Effects – No Side Effects (100% Natural) • Main Benefits – Reduces Wrinkles & Fine Lines, Hair Repair, Nail Growth • Category – Skincare & Beauty • Results – In 1-2 Months • Availability – Online • Customer Reviews – 5/5 • Price […]

Read More
Articles

Kudo Anti-Aging Gummies #1 Popular Zero Sugar | Delicious | Collagen Building | Consumer Feedbacks[WORK OR HOAX]

Kudo Anti-Aging Gummies • Product Name – Kudo Anti-Aging Gummies • Side Effects – No Side Effects (100% Natural) • Main Benefits – Reduces Wrinkles & Fine Lines, Hair Repair, Nail Growth • Category – Skincare & Beauty • Results – In 1-2 Months • Availability – Online • Customer Reviews – 5/5 • Price […]

Read More
Articles

Kudo Anti-Aging Gummies #1 Premium Zero Sugar | Delicious | Collagen Building Made From Real Ingredients[REAL OR HOAX]

Kudo Anti-Aging Gummies • Product Name – Kudo Anti-Aging Gummies • Side Effects – No Side Effects (100% Natural) • Main Benefits – Reduces Wrinkles & Fine Lines, Hair Repair, Nail Growth • Category – Skincare & Beauty • Results – In 1-2 Months • Availability – Online • Customer Reviews – 5/5 • Price […]

Read More