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- “ According to section 420 of the Indian penal code, 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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Learn the legal definition and punishment of cheating and dishonestly inducing delivery of property under Section 420 of the Indian Penal Code, 1860. Find out the cases, judgments and citations related to this section.
- Introduction
- Cheating
- Section 420 IPC
- Ingredients of Cheating
- Punishment For Section 420 IPC
- Evidence
- Nature of The Offence
- Comparison to Other Offences
- Miscellaneous
- Conclusion
- GeneratedCaptionsTabForHeroSec
From classroom quips to Bollywood movies, ‘chaur sau bees’ or ‘420’ is used to refer to someone who is deceitful or a backstabber. This practice of calling people ‘420’ owes its origin to India’s colonial-era law on cheating. The offence of cheating and its constituents have been defined under Section 415 of the Indian Penal Code 1860 (IPC). The pu...
Cheating is defined under Section 415 of the Indian Penal Code, 1860. It explains a case where an offender deceives someone to deliver any property or intentionally induces the person deceived to do or omit to do something that causes or is likely to cause damage or harm to that person in body, mind, reputation or property. It is essential to esta...
Cheating is defined in section 415 of the IPC. Section 420 lays down the punishment for aggravated forms of cheating where the offender dishonestly induces a person so deceived to deliver any property or interfere with any valuable security. In other words, Section 420 specifically punishes aggravated cases of cheating. Any act of cheating, whether...
Deception
Proving deception is integral to a successful prosecution under Section 420. In common parlance, deception is understood to mean intentionally leading someone to believe something that is not true or false. This deliberate leading may be direct or indirect and by words or conduct. It may be expressed or implied in the nature of a transaction. However, what actually constitutes deception is dependent on the facts and circumstances of each case. For an offence under Section 420, the fraudulent...
Dishonestly
The word ‘dishonestly’ has been defined under Section 24of the IPC. It covers any act that is done with an intent to cause wrongful gain or wrongful loss of property. Harm to reputation is not covered under Section 24. To be within the ambit of this section, the act must cause gain or loss by unlawful means. The consequence of such an act should be the gain in property that one is not legally entitled to or loss of property from another who is legally entitled to it.
Fraudulently
‘Fraudulently’ is defined under Section 25of the IPC. The only element needed to make an act fraudulent under the IPC is for it to be done with an intent to defraud and actual or possible injury. In the case of Dr Vimla v. Delhi Administration(1962), the test of deceit was laid down. The offender intentionally represents something false or untrue as the truth. Moreover, they must derive some benefit from the act that would not have been possible had the truth been known.
Punishment for an offence under Section 420 is for up to seven years along with a mandatory fine. This imprisonment may be simple or rigorous, depending on the discretion of the court.
For a case under Section 420, it is advisable to retain anything that can be used to prove that there was an intent to cheat right from when the accused made a representation. All acts and omissions of the accused after this would help prove the deception if there was no effort by the offender to perform their promise. Any document, records of conv...
Under Schedule 1 of the Code of Criminal Procedure, 1973 (‘CrPC’), an offence under Section 420 is cognizable and non-bailable. It is not triable by any court lower than a magistrate of the first class. Section 320of the CrPC allows cheating to be compounded or settled by the person cheated with the permission of the court.
Section 417 IPC
Section 417of the IPC punishes a simple case of cheating. The person cheated is injured because of reasons other than being induced to part with property or interference with valuable security. This section deals with the second part of Section 415 which is punished leniently as compared to the first part. It provides for a maximum of one-year imprisonment, a fine, or both. A fine is not mandatory in 417 as opposed to being mandatory in section 420. According to Hari Singh Gaur, there is anot...
Section 416 and 419 IPC
Section 416 and 419of the IPC deal with cheating by personation. Section 416 explains cheating by personation as circumstances where one pretends to be another real or imaginary person; knowingly substitutes one for another, or represents that they or another person is someone else. Section 419 allows a case described under 416 to be punished by up to three years, a fine, or both.
Section 418 IPC
Section 418defines and punishes the offence of cheating with the knowledge that the offender is likely to cause wrongful loss to someone whose interest they must protect. The cheating must be related to a transaction in which the offender is legally bound to protect the one they deceive. It covers fiduciary and financial relationships like that of a principal and agent, banker and customer and advocate and their client. Imprisonment under this is defined as three years, with a fine or both.
Promise to marry
In the case of Venkatesh And the State of Karnataka (2022), the petitioner claimed that the respondent promised to marry her. He subsequently failed to make good on his promise and married someone else. The court held that breach of a promise to marry per sewould not amount to cheating under 420. It needs to be proven that there was no intent to marry at the time of making the promise and there was a loss of property or interference with valuable security in consequence. In case of a failure...
Twin charges under 138 and 420
In Sangeetaben Mahendrabhai Patel v. State Of Gujarat & Anr (2012), the respondent complained that the appellant had taken a hypothecation loan of Rs. 20 lakhs and had not repaid the same. In order to meet the said liability, the appellant issued a cheque which on presentation, was dishonoured. The dishonour of Cheques is covered under Section 138 of the Negotiable Instruments Act. The appellant contended that they can not be prosecuted under Section 138 as well as Section 420 for the same of...
Different reforms have been proposed to Section 420. Among the most significant is the Fifth Law Commission’s recommendation of the insertion of Sections 420A and 420B to the IPC. This was endorsed by the Fourteenth Law Commission. The Indian Penal Code (Amendment) Bill, 1978, accepted both these reforms. However, the Bill never gained parliamentar...
Section 420 IPC punishes aggravated forms of cheating where the offender dishonestly induces a person to deliver any property or interfere with any valuable security. Learn the meaning, ingredients and examples of cheating, dishonesty, fraud and deception under this section.
Jun 1, 2024 · Learn about the definition, punishment, trial procedure, and latest judgement of Section 420 IPC, which deals with cheating and dishonestly inducing delivery of property. Find a criminal lawyer near you to get legal advice and representation for 420 IPC cases.
- IPC Section 420: Cheating shall be punished with imprisonment u2026which may extend to seven years, and shall also be liable to fine.u201d IN PROPO...
- The Karnataka High Court on Saturday said that being in a relationship and not getting married to the same person is not cheating and it won't evok...
- Like as per the definition of the section 420 IPC stated that ingredients of cheating and dishonesty is must be present at the time of act. If both...
- Ans. Time period for filing charge sheet for cheating under section 420 IPC is 60 days. Within 60 days time period police has to do investigation a...
Oct 31, 2018 · Learn the meaning, classification, punishment and cognizance of IPC Section 420, which deals with cheating and dishonestly inducing delivery of property or valuable security. Find out how to compound the offence and the author of the web page.
Jul 23, 2022 · Section 420 IPC punishes cheating with dishonest inducement and valuable security or property. Read the latest judgments of the Supreme Court on this section, such as Rekha Jain v. State of Karnataka, Syed Yaseer Ibrahim v. State of U.P., and Archana Rana v. State of Uttar Pradesh.
- Rachit Garg
In India, Section 420 of the Indian Penal Code (before its repeal by introduction of the Bharatiya Nyaya Sanhita) dealt with Cheating and dishonestly inducing delivery of property. The maximum punishment was seven years imprisonment and a fine.
Learn about the definition, ingredients, punishment and examples of cheating under section 420 of IPC. Find out how to file or defend a case of cheating and dishonest delivery of property in India.
