Skip to main content

Cheating : Indian Penal Code(IPC)

The offence of cheating explanation. When does it become cheating by personation.

Cheating (Section (415-420)):

A person who by deceiving another, fraudulently or dishonestly induces him to

deliver any property or intentionally induces him to do or not do an act which

causes damage to him or to his person, reputation and property, is guilty of

cheating.

Eg:

1) A puts counterfeit mark on an article and sells. A cheats.

2) A sells diamonds which are not so. He cheats.

3) A person enters an exhibition without a ticket. He cheats.

Cheating by Personation (Section 416)

A person is said to cheat by Personation, if he cheats by pretending to be some

other person.

Eg:

A pretends to be an I.A.S. officer and dishonestly takes food items from B on

credit. A is guilty of cheating by personation.

Punishment for Cheating by Personation (Sec-419):

Whoever cheats by personation shall be punished with imprisonment of either

description for a term which may extend to 3 years or with fine, or with both.

Punishment for cheating (Sec-420):

Sec- 420 provides for punishment of person who cheats and induces any person to

part with any part of the valuable security.

This refers to alteration or destruction of the valuable security. The punishment is

imprisonment for 7 years and fine.

In Ramnath

V

 State

A, the accused told B that he would double currency notes, which B doubted.

But, B gave currency notes for the purpose.

It was held that, there 'was no cheating as B knew that doubling was false.

 A was convicted of attempt to cheat.

In Abhay Anand Mishra

 V

 State of Bihar

In this case, the accused submitted forged certificates to the Patna university to

appear for MA Examination.

Later, the certificates were found to be forged and the university cancelled the

permission and he was prosecuted for cheating.

Labels:

Comments

Post a Comment

Popular posts from this blog

Republic Day 26 Jan 2021 Celebration at ETA GARDEN Apartment

 Republic Day 26 Jan 2021 Celebration at ETA GARDEN Apartment I, Trilok Chand Gupta Joint Secretary of ETA Garden have celebrated and raised our country Flag at our pavilion. It's been published in the News Paper for welcoming people for Flag Hoisting.
Post a Comment
Read more

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...
Post a Comment
Read more

THEFT (Section 378)

  THEFT (Section 378) Sec-378 Indian Penal Code defines theft. A person is guilty of theft is he takes with dishonest intention, any moveable property, out of the possession of any person, without his consent and moves with the property. 1)  If an item is attached to the earth, it cannot be stolen, but if it is freed from the earth it may be stolen. 2)  Moving the property is essential. Removing an obstacle amounts to theft. Eg: 1) A cuts down a -tree from the field of Z with a view to dishonestly taking the 2) tree. He has committed theft. A meets a bullock cart carrying valuable articles, he causes it to be moved in a different direction with a dishonest intention to take it. This is theft. Essentials: 1. Dishonest taking. 2. Moveable property 3. Out of the possession of the person 4. Without consent 5. Moving with the property 1. Dishonest Taking: The dishonest intention is the gist of the offense. The accused must make wrongful gain or wrongful loss. The taking must b...
Post a Comment
Read more