SECTION 420 IPC - Indian Penal Code - Cheating and dishonestly inducing delivery of property



Description of IPC Section 420

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.

 

Offence : Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security


Punishment : 7 Years + Fine


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Magistrate First Class





Section 420 IPC- Cheating and dishonestly inducing delivery of property

Have you been dishonestly induced by someone to deliver property? Or has someone gained advantage over you through a dishonest act? If you have fallen prey to any of these acts, you have been a victim of the offence of ‘Cheating’. It is a term we often use in our day to day life but do not know its legal aspects.

Cheating is a criminal offence and is associated with numerous other crimes such as cheating and dishonour of cheque, cheating by way of breach of contract, forgery of any valuable document for the purpose of cheating etc. It is a dishonest act to gain benefit from the other person or to cause loss to a person. When a person cheats and thereby dishonestly induces any person to deliver property to any other person, such person inducing the other is legally responsible under section 420 of the Indian Penal Code.
 

What constitutes Cheating under IPC?

Under section 415 of the Indian Penal Code, cheating has been defined as an act where a person makes false representations with the intention and knowledge that he is making such representations to mislead and cause damage to the other person. The offence of cheating is committed by fraudulently or dishonestly inducing a person to deliver any property or to induce any person to retain any property, or to induce a person to do or omit to do anything which he would have done or omitted if he was not deceived and such act or omission causes damage or harm to the body, mind, reputation or property of the person so deceived.
 

Essential conditions for Cheating

When any person commits the offence of cheating and dishonestly inducing delivery of property the conditions that are required to be fulfilled to hold him/her guilty are as follows-

  1. Dishonest inducement- The accused must have cheated the complainant by dishonestly inducing him to deliver property, or to make, or alter or destroy the whole or any part of a valuable security.

  2. Property- The dishonest act must be done to wrongfully gain possession of a property or to cause loss of the same to the victim. The property here does not only include money or assets but also anything that can be measured in terms of money.

  3. Mens rea- The accused must have mens rea i.e. criminal intention or guilty mind to cause such dishonest inducement to the victim.
     

Illustration

  1. A, by pledging as diamond articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

  2. 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.

 
In a landmark judgement, it was held by the Supreme Court that to hold the accused liable for the offence of cheating, the complainant must prove that he delivered his property while acting on the false representations which were made by the accused who at the time of making such representations had knowledge that the act amounts to the offence of cheating and such act must have caused damage to the complainant.
 

Punishment under section 420 of IPC

When an offence of cheating and dishonestly inducing delivery of property under section 420 of Indian Penal Code has been committed, the person committing such offence will be held liable for punishment with imprisonment of 7 years and fine as well. Such imprisonment and fine will depend upon the seriousness of the crime.
 

Nature of offence under section 420 IPC

The offence under section 420 of Indian Penal Code, is a cognizable offence, meaning thereby, if a person has committed an offence under this section the police can arrest such person without a warrant. An offence under this section is non-bailable in nature and is liable to be investigated and decided by the Judicial Magistrate of First Class who is having authority over the area where such offence has been committed.
 

Common questions related to Section 420 IPC


What refers to dishonest inducement?
Dishonest inducement refers to an act where a person dishonestly leads someone to do something and doing of such an act causes damage or harm to the person who has been dishonestly induced.
 
What is meant by property and delivery of property?
The term property has not been defined under this Act but property means anything that is owned by a person. It includes movable property such as car, immovable property such as land, tangible which can be seen or touched as well as intangible which cannot be seen or touched such as ownership etc. Property includes anything that is owned by a person who has a right of possession and exclusive use over the property which has monetary value. Delivery of property refers to transfer of rights over the property to another person. Such transfer may be of all or any one or more of the rights in the property.
 
What is cheating and dishonestly inducing delivery of property?
According to section 420 of Indian Penal Code, when a person by way of cheating, dishonestly induces any person or make him believe to deliver any property, or induces such person to make or alter or destroy the whole or any part of a valuable security which is a document whereby any legal right is created, or any other thing which is signed or sealed and is capable of being converted into a valuable security.

FAQ's on IPC Section 420


What offence is defined under IPC 420?

IPC 420 Offence: Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security.


What is the punishment for IPC 420 Case?

The punishment for IPC 420 is 7 Years + Fine.


Is IPC 420 cognizable offence or non-cognizable offence?

IPC 420 is a Cognizable.


How to file/defend your case for IPC 420 offence?

Use LawRato for filing/defending your case under IPC 420 with the help of best criminal lawyers near you.


Is IPC 420 bailable or non-bailable offence?

IPC 420 is a Non-Bailable offence.


In what court can IPC 420 be tried?

IPC 420 is tried in the court of Magistrate First Class.



See the video below to know more about IPC Section 420 charges, punishment and relief




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