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What is Section 420 under IPC?

Updated: 8/19/2023
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Mail4u2dear

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14y ago

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Section 24 IPC. Dishonestly
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly".

Section 25 IPC. Fraudulently
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Section 52 IPC. Good faith
Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.

Section 406 IPC. Punishment for criminal breach of trust - Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 415 IPC. 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 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".

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 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 420 IPC. 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.

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14y ago
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What Amounts to Cheating

Where there is delivery or destruction of any property or alteration or destruction of any valuable security resulting from the act of the person deceiving, then this section comes into force. It must be proved that the complainant parted with his property acting on a representation, which was false to the knowledge of the accused, and the accused, had an dishonest intention from the outset.

Under this section property does not necessarily mean having money value or market value. Even if the thing has no money value in the hands of the person cheated, but becomes a thing of value in the hand of person who may get possession of it, as a result of the cheating practiced by him, then also it would fall under the meaning of the term 'property'.

PUNISHMENT

Whoever cheats and dishonestly induces the delivery of property shall be punished with an imprisonment, which may extend to seven years, and shall also be liable to fine.

Section 420 of Indian Penal Code is related to Cheating

What Amounts to Cheating:

Where there is delivery or destruction of any property or alteration or destruction of any valuable security resulting from the act of the person deceiving, then this section comes into force. It must be proved that the complainant parted with his property acting on a representation, which was false to the knowledge of the accused, and the accused, had an dishonest intention from the outset.

Under this section property does not necessarily mean having money value or market value. Even if the thing has no money value in the hands of the person cheated, but becomes a thing of value in the hand of person who may get possession of it, as a result of the cheating practiced by him, then also it would fall under the meaning of the term 'property'.

PUNISHMENT:

Whoever cheats and dishonestly induces the delivery of property shall be punished with an imprisonment, which may extend to seven years, and shall also be liable to fine.

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