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.
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