Date:-21/04/2024 Retrieved Rubrics -CHEAT ------------------------ Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :CHEAT ..................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... ---------- 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for "transportation for life" (w.e.f. 1-1-1956). Section 414. Assisting in concealment of stolen property Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 3 years, or fine, or both-Cognizable-Non- bailable-Triable by any Magistrate-Compounded by the owner of the property stolen with the permission of the court. 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 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 make on an article, intentionally deceives Z into a belief that this article was made by a certain ........................................................ SEARCH RUBRICS :CHEAT ..................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... 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 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 make 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 believer 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 will be dishonored, 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 ........................................................ SEARCH RUBRICS :CHEAT ..................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... deceives Z into believer 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 will be dishonored, 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 deliver. A cheats; but if A, at the 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 coveys 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. Section 416. Cheating by personation A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation ........................................................ SEARCH RUBRICS :CHEAT ..................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... (i) A sells and coveys 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. Section 416. Cheating by personation A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation The offence is committed whether the individual personated is a real or imaginary person. Illustration (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. Section 417. Punishment for cheating Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 1 year, or fine, or both-Non-cognizable- Bailable-Triable by any Magistrate-Compoundable by the person cheated with the permission of the court. Section 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which ........................................................ SEARCH RUBRICS :CHEAT ..................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. Section 417. Punishment for cheating Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 1 year, or fine, or both-Non-cognizable- Bailable-Triable by any Magistrate-Compoundable by the person cheated with the permission of the court. Section 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 3 years, or fine, or both-Non-cognizable- Bailable-Triable by any Magistrate-Compoundable by the person cheated with the permission of the court. Section 419. Punishment for cheating by personation Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 3 years, or fine, or both-Cognizable- Bailable-Triable by any Magistrate-Compoundable by the person cheated with the permission of the court. ........................................................ SEARCH RUBRICS :CHEAT ..................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 3 years, or fine, or both-Non-cognizable- Bailable-Triable by any Magistrate-Compoundable by the person cheated with the permission of the court. Section 419. Punishment for cheating by personation Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 3 years, or fine, or both-Cognizable- Bailable-Triable by any Magistrate-Compoundable by the person cheated with the permission of the court. 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. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable- Triable by Magistrate of the first class-Compoundable by the person cheated with the permission of the court. Comments Ingredients (i) Even if the allegation made in the complaint are accepted to be true and correct, the appellants cannot be said to have committed any offence of cheating. Since the appellants were not in picture at all the time when the complainant alleges to have spent money in improving ........................................................ SEARCH RUBRICS :CHEAT ..................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... which may extend to seven years, and shall also be liable to fine. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable- Triable by Magistrate of the first class-Compoundable by the person cheated with the permission of the court. Comments Ingredients (i) Even if the allegation made in the complaint are accepted to be true and correct, the appellants cannot be said to have committed any offence of cheating. Since the appellants were not in picture at all the time when the complainant alleges to have spent money in improving the bottling plant, neither any guilty intention can be attributed to them nor there can possibly be any intention on their part to deceive complainant; Ajay Mitra v. State of Madhya Pradesh, AIR 2003 SC 1069. (ii) The offence of cheating is established when the accused thereby induced that person to deliver any property or to do or to omit to do something which he would otherwise not have done or omitted; Mahadeo Prasad v. State of Bengal, AIR 1954 SC 724. Section 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfer or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 2 years, or fine, or both-Non-cognizable- Bailable-Triable by any Magistrate-Compoundable by the creditor who are affected thereby with the permission of the court. ........................................................ SEARCH RUBRICS :CHEAT ..................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... CLASSIFICATION OF OFFENCE Para I Punishment-Imprisonment for life, or imprisonment for 10 years and fine-Non-cognizable-Non-bailable-Triable by Magistrate of the first class-Non-compoundable. Para II Punishment-Imprisonment for life, or imprisonment for 10 years and fine-Cognizable-Non-bailable-Triable by Magistrate of the first class- Non-compoundable. ------- 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for "transportation for life" (w.e.f. 1-1-1956). Section 468. Forgery for purpose of cheating Whoever commits forgery, intending that the 1[document or Electronic Record forged] shall be used for the purpose of cheating, 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 OF OFFENCE Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable-- Triable by Magistrate of the first class-Non-compoundable. ------- 1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for "document forged" (w.e.f. 17-10-2000). Section 469. Forgery for purpose of harming reputation Whoever commits forgery, 1[intending that the document or Electronic Record forged] shall harm the reputation of any party, or knowing that it is likely to used for that purpose, shall be punished with imprisonment of either description for a term which may extend to ........................................................