IPC section 420. Cheating and dishonestly inducing delivery of property:
Section of IPC section 420 talks about Cheating and dishonestly inducing delivery of property.
- Whoever cheats and thereby dishonestly induces the person deceived to deliver 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.
Classification under schedule 1 of Criminal Procedure Code:
|Thus cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security||7 Years + Fine|
|Cognizable||Non-Bailable||Magistrate First Class|
Distinction Between ‘Cheating’ and ‘Breach of Contract’
- Since distinction between mere ‘breach of contract’ and the ‘offence of cheating’ is a fine one.
- It depends upon the intention of the accused at the time of inducement which may judge by his subsequent conduct but for this subsequent conduct not the sole test.
- Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention shown right at the beginning of the transaction, that the time when the offence say to have commit.
- Therefore, it is the intention which is the gist of the offence.
- Thus to hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time.
Distinction Between ‘Cheating’ and ‘Misrepresentation’
- A mere representation, which is neither claimed or alleged to be dishonest or fraudulent would not attract the charge of cheating only because the complainant parts with his money on the basis thereof.
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