IPC Sections 418, 419 and 420: Cheating, Personation and Dishonest Inducement of Property

Sections 418, 419 and 420 of the Indian Penal Code, 1860 dealt with aggravated forms of cheating, including cheating where an offender was bound to protect another person's interest, cheating by personation, and cheating that dishonestly induced delivery of property or dealings with valuable security.

Legal position covered: This article explains these IPC provisions as applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the pre-BNS IPC framework and matters governed by that earlier law.

Section 418 IPC - Cheating with knowledge that wrongful loss may ensue

Section 418 applied where a person committed cheating while knowing that the cheating was likely to cause wrongful loss to a person whose interest in the relevant transaction the offender was bound, either by law or by a legal contract, to protect.

Statutory provision: Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Essential features of Section 418

The provision required cheating together with knowledge of likely wrongful loss and a legal or contractual duty to protect the affected person's interest in the transaction. The punishment could extend to three years' imprisonment, or fine, or both.

Section 419 IPC - Punishment for cheating by personation

Section 419 prescribed the punishment for cheating by personation. The underlying concept of cheating by personation was defined in Section 416 IPC.

Statutory provision: Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Accordingly, the maximum term under Section 419 was three years, with fine available as an alternative or additional punishment.

Section 420 IPC - Cheating and dishonestly inducing delivery of property

Section 420 addressed cheating that resulted in dishonest inducement to deliver property or to make, alter or destroy a valuable security, or something signed or sealed and capable of being converted into a valuable security.

Statutory provision: 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.

Core ingredients of Section 420

In substance, Section 420 required cheating and a dishonest inducement flowing from that deception, resulting in delivery of property or the specified act concerning a valuable security. Its punishment was more severe than Sections 418 and 419: imprisonment could extend to seven years and the offender was also liable to fine.

Sections 418, 419 and 420 IPC - punishment at a glance

IPC provisionSubjectMaximum punishment
Section 418Cheating with knowledge of likely wrongful loss where the offender was bound to protect the person's interestUp to 3 years, or fine, or both
Section 419Cheating by personationUp to 3 years, or fine, or both
Section 420Cheating and dishonestly inducing delivery of property or specified dealings with valuable securityUp to 7 years and fine

Relationship with Sections 415 and 416 IPC

These provisions formed part of the IPC chapter dealing with cheating. Section 415 supplied the general definition of cheating, while Section 416 defined cheating by personation. Sections 418 to 420 then dealt with particular aggravated situations and their punishments. For the underlying definitions, see Sections 415, 416 and 417 IPC - cheating, personation and punishment.

Note: This page is an informational presentation of the pre-BNS IPC provisions and is not a substitute for legal advice on the law applicable to a particular occurrence or proceeding.