Friday, February 9, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

IPCMODEL ANSWER

CHEATING

Write a short note on the offence of Cheating given under section 415 of the Indian Penal Code, 1860.

Every transaction in this whole world is based upon mutual trust and confidence and every party to a transaction gives his consent with a belief that another party to the transaction will perform his concerned obligations. But if any party to the transaction deceives another person with a view to gain wrongful gain, then in such a case, that person not only breaches the trust of another person but also commits a criminal offence under section 415 of the Indian Penal Code, 1860.

         

Section 415 of the Indian Penal Code, 1860, deals with the provisions of cheating. According to the provisions of Indian Penal Code, 1860, cheating is a criminal offence and it is done in order to receive some wrongful gain from another person by using some deceitful means. According to section 415 of the Indian Penal Code, 1860, if any person fraudulently or dishonestly deceives another person in order to induce that person to deliver property to the former person or to give consent to the former person to retain the property of latter person or to do or not to do any act which the latter person is not legally bound to do or to do and that act or omission causes harm to the body, mind, reputation or property of latter person, then in such a case, it will be considered that the former person has committed the offence of cheating.

In the leading case of K. R. Kumaran vs State of Kerala (Kel 1961), the Hon’ble Kerala High Court stated that a person who was admitted in the hospital was checked by the doctor and the doctor knew that the person was in a condition that he would not be able to survive. The doctor conspired with other accused to issue a life insurance policy for the person who was going to die and in order to do so, he certified the patient to be fit and healthy. This was done by the accused in order to get the amount from the insurance company after the patient dies. The court held that accused liable for the offence of cheating and deceiving the insurance company in order to earn benefits. The accused was held guilty of cheating under Indian Penal Code, 1860.

           

Section 417 of the Indian Penal Code, 1860, prescribes the punishment for the offence of cheating. According to this section, if any person has been held liable for having committed the offence of cheating, then in such a case, he will be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.

According to the provisions of Indian Penal Code, 1860, there is a difference between section 415 and section 420. Section 415 of the Indian Penal Code, 1860, defines the term cheating whereas section 420 of the Indian Penal Code, 1860, deals with the provisions of cheating and dishonestly inducing delivery of property. According to section 420 of the Indian Penal Code, 1860, if any person cheats another person and thereafter dishonestly induces the latter person to deliver any property to the former person or to make, alter or destroy the whole or any part of the valuable security or anything which is signed or sealed and which is capable of being converted into a valuable security, then in such a case, it will be considered that the former person has committed the offence under section 420 of the Indian Penal Code, 1860.

           

Section 420 of the Indian Penal Code, 1860, mandates that if any person has been held liable for having committed the offence of cheating, then in such a case, he will be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

According to the provisions of section 420 of the Indian Penal Code, 1860, it is necessary to prove that the aggrieved person was acting on the representation made by the accused which was a false representation and alongwith this it is necessary to prove that the accused had dishonest intention for it.

           

In the leading case of Ishwarlal Girdharilal vs State of Maharashtra ((SC 1968), the Hon’ble court observed that the word ‘property’ mentioned under section 420 of the Indian Penal Code, 1860, does not necessarily include only those properties which have money or market value. It also includes those properties which do not have a monetary value. In case a property does not have a monetary value for the person who is in possession of it but after being cheated by another person it becomes a property of some monetary value for the person who got possession of it by cheating then it can be considered as an offence of cheating under section 420 of the Indian Penal Code, 1860 and the property will be considered as a property under section 420 of the Indian Penal Code, 1860.

           

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