What is cheating? What is cheating by personation? What is the punishment for cheating? Section 415, 416 and 417 of Indian Penal Code 1860

Cheating, Cheating by personation and punishment for cheating are defined under Section 415, 416 and 417 of Indian Penal Code 1860. Provisions under these sections are:

 

 

 

 

Section 415 of Indian Penal Code. "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 a 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 mark 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 believing. 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 bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it.A cheats.(c) 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 delivery. A cheats; but if A, at the time 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 conveys 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 of Indian Penal Code. "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 of Indian Penal Code. "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.

 

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