Cheating final ipc ppt

IPC

1. CHEATING Made by – Praveen kr. Yadav Enroll No.-04113403818 BA.LLB,2 nd year,Sec -A

2. Cheating Section 415 – Whoever, by deceiving any person, fraudently 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 so deceived, and which act or omission causes or is likely to cause damage or harm that person in body, mind, reputation or property, is said to “cheat ”.

3. Scope of Section 415 Whoever by deceiving any person Fraudently or dishonestly induces the person so deceived To deliver any property or To consent that any person shall retain any property or (a) 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 (b) Which act or omission causes or is likely to cause damage or harm to that person in body,mind,reputation

4. Thus s.415 has two alternate parts, while in the first part the person must ‘dishonestly’ or ‘fraudently’ induce the complainant to deliver any property in the second part, the person should intentionally induce the complainant to do or omit to do a thing. In first part the inducement should be dishonest and fraudulent & in second part the inducement should be intentional. It is however not necessary that deception should be by express words but it may be by conduct or implied in nature of transaction itself.

5. Essential Ingredients of cheating In Ram Jas v. State of U.P AIR 1974 SC1811 The S.C enumerated the essential ingredients required to constitute the offence There should be fraudulent or dishonest inducement of a person by deceiving him (a) the person so deceived should be induced to deliver any property to any person or to consent that any person shall retain any property (b)The person so deceived should be intentionally induced to do or omits to do anything which he would not do or omit if he were not so deceived In cases the act or omission should be one which causes or is likely to cause harm or damage to the person induced in mind, body, reputation or property

6. Deception – it is to lead into error by causing a person to believe what is false or to disbelieve what is true, and such de3ception may be by words or by conduct. A fraudulent representation can be directly or indirectly In Dhrirendra Bramachari v. Shailendra Bhushan (1995) Cr LJ 1810 The accused Swami held to have knowingly made false assertion that Yoga course run by him was recognized by Govt. of India, thereby inducing unwary students to obtain admission paying Rs 1000 by way of caution deposit thereby cheating students. The court held Swami guilty for cheating.

7. Cheating in Connection with False Promise of Marriage In Mailsami v. State of Tamil Nadu (1994) Cr Lj 2238 The accused person who had made promise to marry a woman, and thereby got close to her and made her pregnant. Subsequently, he put an impossible condition for marriage, namely that she should terminate the six month pregnancy & when woman did not consent for termination, he refused to marry her. The Madras high Court held that all the ingredients of s.417 were established & hence punished him for same.

8. In Shri Bhagwan Samradha v. State of Andrha Pradesh AIR 1999 SC 2332 The S.C held that the representation made by the accused that he had divine healing powers through his touches, thereby making the complainant believe he could cure his little girl of her congenital dumbness through his divine powers was fraudulent and amounted to cheating. Thus believing the promise, the complainant was induced to believe in the divine powers and shell out money to so called Godman. Section 416 – Cheating by personation A person is said to “cheat by personation” if he cheats by pretending to be someone other person, or by knowingly substituting one [person for another, representing that he or any other person is a person other than he or such other person really is

9. Sect ion 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 .

10. Section 418 cheating with knowledge INGREDIENTS The accussed cheated a person whose intrests he was under a legal obligation to protect or under a contract bound to protect. The accussed knew that he was likely to cause wrongful loss to such a person.

11. SECTION 419 Punishment for cheating by personation whoever cheats by personation shall be pumished with imprisonment of either descvriptyion for a term which ,may be extend to three years or with fine or with both.

12. Section 420 whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person or to make , alter or to destroy the whole or any part of valuable security or anything which is signed or sealed and which is capable of being converted into 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.

13. INGREDIENTS OF SECTION 420 That the representation made by the accused was false that the accused knew that the representation was the false at the very time when it was made. the accused made the representation with the dishonest intention of deceiving the person for whom it was made. that 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.

14. CASE LAWS In Sushil kumar Dutta vs. State of West Bengal AIR 1954 SC 724 the accused projecting himself as a Schedule caste candidate appeared at Indian Administration Service examination and obtained an appointment in that cadre on the of false representation . Held , conviction under SECTION 420 is justified since he did not belong to schedule caste.

15. In Statew of UP. Vs Jyoti Prasad AIR 1962 ALL. 582 . A represented to run educational institutions and pretended that they were recognised by the govt. Certificates conferring degrees were issued on payment of money with the examination held. A was held guilty under SECTION 420 of IPC.

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