Tuesday, 10 April 2012

offences - CHEATING

offences - CHEATING

IPC – Section 415. Cheating: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Explanation- A dishonest concealment of facts is a deception within the meaning of this section.

Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing. that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it.A cheats.

(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may led to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.

(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.

(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats.


IPC Section 420. Cheating and dishonestly inducing delivery of property: Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy 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. (Property includes all movable & immovable)
CHEATING – (2009) 3 SCC 78


Section 415 to 420 – (2003) 5 SCC 257

Section 420 – AIR 1957 SC 857

Sections 415, 420 – cheating – (2011) 1 SCC 74 – Paras 68, 72, 75


Offence - Fraud


(2010) 8 SCC 383

Ram Chandra Singh V Savitri Devi and Ors 2003 8 SCC 319

Santosh V Jagat Ram and Anr MANU SC 0097 2010

SP Chengalvaraya naidu vs Jagannath AIR 1994 SC 853


Cheating –
The essential ingredients of cheating are – (i) deception of a person either by making a false or misleading representation or by any other act or omission; (ii) fraudulent or dishonest inducement of that person to either deliver any property or to consent to the retention thereof ……..
Indian Oil Corp versus NEPC – (2006) 6 SCC 736, Para 32;
(2007) 5 SCC 228, Para 8;
AIR 1961 Andh Pra 266;


Cheating –
AIR 1986 SC 2045;
(1970) 2 SCC 740;
AIR 1965 SC 333;
(1998) 5 SCC 694;
(2006) 6 SCC 736 Para 32;
(2007) 5 SCC 228, Para 8;
AIR 1961 Andh Pra 266.

Cheat –
The fraudulent obtaining of the property of another by deceitful means / practice;
AIR 1986 SC 2045;
(1970) 2 SCC 740;
AIR 1965 SC 333;

Cheat –
The fraudulent obtaining of the property of another by deceitful means / practice;
AIR 1986 SC 2045;
(1970) 2 SCC 740;
AIR 1965 SC 333;




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