OFFENCE OF CHEATING UNDER IPC

 OFFENCE OF CHEATING UNDER IPC

Introduction

Generally when a person knows that by using deceitful means or by inducing any person to do or omit to do any act by which wrongful loss may cause to that person , with such knowledge he does any act and thereby wrongful loss is caused to other person , it can be said that he commited the offence of cheating

CHEATING

The offence of cheating has been given under chapter 16 (offences against property) of Indian penal code.Section 315 of IPC defines cheating as " whoever fraudulently or dishonestly induce or decieved any person to deliver any property any person give consent to retain that property intentionally induce that person to do or omit to do any act that person would not do if you was not so induced and by act or omission caused damage or harm to body , mind , reputation or property is said to " cheat "

Ingredients

(i) fraudulently or dishonestly induce or decieved any person to 

- deliver any property to any person

- to give consent to retain that property

(ii) Intentionally induce any person to do or not to do anything

(iii) there must be damage or harm to body,mind, reputation ot to that property.

Illustration

A. If furtune taller in a street says future by seeing palms of the people , with the knowledge that he is making false presumption , and induce the people to buy stones from him . Here the furtune teller commits the offence of cheat

B. A, by exhibiting to z a false sample of an article , Intentionally deceives Z into a belief the this article was made by a certain celebrated manufacturer , and thus dishonestly induces Z to to buy and pay for the article .A cheasts

In Inder Mohan Goswami bs State pf Utteranchal [ ( 2007) 12 SCC 1], court hold that a person guilty of cheating it is necessary to show he had a fraudulent or dishonest intention at the time of making the promise . From the mere fact that the promiser could not keep his promise , it can't be presuemed that he had culpable intention from the beginning.

This Section has been devided into two parts . In the first part accused fraudulently or dishonestly induces the person to deliver any property or r give consent to retain that property. In the second part accused induce to to do or omit to do something. By mere inducement the offence of cheating is not commited ,there must be an overt act or immission on the part of the victim and has caused damage to the victim.

Section 416 provides the punishment for the cheating , whoever commited the offence of cheating shall be punished with imprisonment which may extend to one year or with fine or with both.

2. CHEATING BY PERSONATION

Section 417 deals with the offence of cheating by personation.A person is said to commit 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 other person is a person other than he or such other person really is .

Ingredeints

1. Pretending to be other person

2. Sustituting other person

3. Represent himself or any other person is the person he intending.

Illustration

A. A pretend to be a police officer ,induce money from B , A cheasts by personation.

B. A friend of B , received the delivery by pretending to be A . B commits this offence .

Section 419 provides the punishment of cheating by personation .Whoever commited the abovementioned Offence shall be punished with imprisonment which may extend to three year.

3. CHEATING WITH KNOWLEDGE THAT WRONGFUL LOSS MAY ENSUE TO PERSON WHOSE INTEREST OFFENDER IS BOUND TO PROTECT 

Under this section Whoever cheat any person with the knowledge that by such cheating thereby likely to cause wrongful loss to the person ,whose benefit is bound to protect by law or by any contract. This Section mainly speak about the person who are under trust such as guardian, trustee,agent or manager.

Whoever commit the Offence of aforesaid , shall be punished woth imprisonment which may extend to three years or with fine or with both.

4. CHEATING AND DISHONESTLY INDUCING DELIVERY OF PROPERTY.

This Section can be said to be aggravated form of cheating . Where under cheating there is simply delivery of property or consent to retain property but under this section there must be delivary as well as alter , destroy the whole or any part of valuable security, anything which is signed, sealed or which can be converted into valuable security.

In this section property does not restricted only to the movable or immovable property, this section also include valuable security .

Whoever cheats or make any to do as aforesaid , shall be punished with imprisonment which may extend to seven years or with fine or with both