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

Description of IPC Section 420

According to section 420 of 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.

IPC 420 in Simple Words

If someone cheats and deceives another person to give property or alter valuable documents, they can be punished with imprisonment up to seven years and fined.

Cited by

• Smt Rekha Jain vs The State
• Dwarkadas Marfatia & Sons vs Board Of Trustees Of The Port Of Bombay
• Ram Narain Popli v CBI
• Dr Jayantilal Mohanlal Desai vs State Of Gujarat And Ors

Introduction

Under the Indian Penal Code, cheating is a crime. By using some dishonest methods, it is done to benefit or get an advantage over another individual. A person who intentionally misleads someone is aware that doing so would put them in an unfair situation.

Cheating has been defined under Section 415 of the Penal Code and the punishment for the same is defined under Section 420

This article will cover all you need to know about Cheating as a crime and also what defences are available against cheating.

WHAT IS SECTION 420, IPC?

Section 420 of the Indian Penal Code, 1860 (“IPC”) prescribes punishment for the offence of ‘cheating and dishonestly inducing delivery of property’.

The essential ingredients that go into the making of an offence under Section 420, IPC are:

1. That the representation made by the accused was false;

2. That the accused knew that the representation was false at the very time when he made it;

3. That the accused made the false representation with the dishonest intention of deceiving the person to whom it was made; and

4. 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.

To understand Section 420, IPC, better, let us imagine the following –
-A purposely lies to Z and claims to work for the civil service. This makes Z believe in A and lets him buy goods on credit. A, however, intends to avoid paying for these items. A has cheated in this instance, which is against IPC Section 420.

-To trick Z into believing that a certain manufacturer created the item, A applies a false mark to it. Z therefore purchases the item and makes the payment. The conduct of A constitutes cheating and is therefore prohibited by Section 420 of the IPC.

-A purposefully presents Z with a fake sample of a product, leading Z to assume that the real item matches the sample. As a result of this false representation, Z purchases the item and pays for it. A's behaviour is illegal under IPC Section 420 since it constitutes cheating.

Scope of Section 415

Indian Penal Code's Section 415 defines cheating as using deceit or dishonesty to induce someone to transfer their property to another person or agree to keep the property of another person. A person who willfully uses fraud, dishonesty, or the purpose to deceive another person to cause injury to that person's body, mind, reputation, or property—harm that wouldn't have occurred without the deception—is regarded as a cheater. This rule also holds when information is purposefully withheld to persuade someone to take a step they otherwise wouldn't have. This definition includes instances of online fraud as well.

To understand this better, let's dive into the essential ingredients required to commit cheating

Essential ingredients required for cheating

In the landmark judgement of Ram Jas v State of Uttar Pradesh, the Supreme Court laid down the essential ingredients required for cheating.
Forcing someone to act in a way that they otherwise wouldn't have if they hadn't been deceived. This rule is applicable if the deceived person suffers physical, mental, reputational, or material harm as a result of the action or inaction.
Perform an act to deceive the other person.
Doing a fraudulent act or dishonestly making someone deliver or restrain a property the person otherwise would not have agreed to.

Examples of cheating- What can be considered cheating?

1. Inducing a person to deliver or not deliver goods, knowing that it may cause harm to him.

2. Example- Asking a shopkeeper to deliver goods but not paying for the same.

3. When someone commits a fraudulent act while acting dishonestly and pretending to be someone else. Example- Personating as a Police Officer to obtain information that is not available to the general public

4. When a person knows that the victim of the loss may suffer harm because the offender failed to uphold the victim's interests. This is usually the case in a fiduciary relationship. Example- if a doctor knowingly does not provide the patient with the right treatment, it will fall under cheating

5. When a person makes a false promise or deceives another person by making a false representation. Example- a person, to obtain property or get any other benefit, falsely promises marriage.

WHEN CAN A PERSON BE HELD GUILTY FOR COMMITTING AN OFFENCE UNDER IPC?

In general, a person must meet the requirements outlined in the IPC section number for that specific offence for criminal culpability to arise under the IPC, i.e., for a person to be found guilty of having committed an IPC offence.

Broadly, IPC defines offences by laying down two of its essential components –

a. Actus Reus i.e., the criminal act which the accused must have compulsorily performed.

AND

b. Mens Rea i.e., the criminal mind which the accused must have compulsorily entertained while performing the above-stated criminal act.

From the perspective of the law, an accused can only be deemed to have committed an offence when he does a criminal act while under the influence of a criminal mind (as per the necessary elements of a specific crime).

To put it another way, a criminal action and a criminal mind must coexist for an act to be an offence under IPC and for criminal liability to arise thereunder.

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WHEN CAN A PERSON BE HELD GUILTY UNDER SECTION 420, IPC?

For a person to be held guilty for the offence of ‘cheating and dishonestly inducing delivery of property’ under Section 420, IPC it is important for the prosecution to necessarily prove the following:

1. Nature of the criminal act under Section 420, IPC:

The criminal act for the purpose of Section 420, IPC is that as a result of the deception practised by the accused upon the victim, the former (accused) must have dishonestly induced the latter (deceived victim) –

• to deliver any property, or

• to make/alter/destroy a valuable security or anything which is capable of being converted into a valuable security.
  
  

Deception

For the offence of cheating, the accused must have practised deception upon the victim i.e., he must have made a false representation to the victim that he knew to be false at the time when he made it. Such deception must precede the act of fraudulently or dishonestly inducing the deceived-victim to deliver any property/ valuable security to any person including the accused himself.

Property

The term property has not been defined under IPC. In generic terms, 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. Property includes a passport, admission card to an exam.

Valuable Security

IPC defines ‘valuable security’ under Section 30 as –
‘The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.’ For e.g., will, power of attorney, cheque, promissory note etc.

2. Nature of the criminal mind under Section 324, IPC:

The accused must have committed the above criminal act while entertaining either a dishonest intention or with an intent to defraud.

Dishonest Intention

To hold a person guilty of the offence of cheating it has to be established that his intention was dishonest at the time of making a promise. Such dishonest intention can’t be inferred from the mere fact that he could not subsequently fulfil the promise.

The dishonest act must be done to wrongfully gain possession of a property or to cause loss of the same to the victim.

The case of cheating is made out when the accused cheats with the intention to cheat from the very start. In other words, to hold a person guilty of the offence of cheating it has to be proved that his intention was dishonest at the time of making the promise and such dishonest intention cannot be inferred simply from the fact that he could not subsequently fulfil the promise.

For e.g., merely because a cheque given a month later was dishonoured is not enough to infer dishonest intention at the initial stage by giving it a retrospective application. Dishonour of cheque does not give rise to criminal case under Section 420, IPC for cheating.

3. Performance of the criminal act accompanied by the criminal mind i.e., execution of the offence:

While entertaining the above-stated criminal mind (dishonest intention) the accused must have committed the above-stated criminal act (deception and inducement of delivery of property). This would constitute the offence of ‘cheating and dishonestly inducing delivery of property’ under Section 420, IPC.

The co-existence of the criminal mind and the criminal act should be proved by the prosecution in order to establish guilt under Section 420, IPC.

Defences available against Section 415

Several defences may be available to a person when they are accused of cheating. It is significant to note that the applicability of these defences will depend on the particular facts and circumstances of each case. Here are a few typical defences that defendants may take-

1. Absence of dishonest purpose: To establish the crime of cheating, the accused must be shown to have a dishonest intent to deceive. It may be a defence against the accusation of cheating if the defendant can show that he had no ulterior motive in the transaction.

2. No wrongful gain or loss: Another defence could be that the transaction did not result in any wrongful gain or loss. The prosecution's case against the accused may be undermined if they can demonstrate that there was no element of gain or loss involved.

3. Absence of intention to deceive: The accused may raise this defence if they can show that there was no purpose to trick the claimed victim. For instance, if the persons involved misunderstood or miscommunicated, the element of cheating may not have occurred.

In the recent case of Rekha Jain v State of Karnatka and Ors the case was filed against Rekha’s husband who deceitfully stole more than 2 kg of gold, Rekha was running away while she had the gold with her and hence was considered co-accused by the HC. The Appellate court held that there is no evidence which would constitute that Rekha deceitfully stole the gold or was involved in the fraudulent act of her husband. Since there is no intention to deceive Section 420 was dismissed.

Consult: Top Criminal Lawyers in India

WHAT ARE SOME OF THE LATEST SUPREME COURT JUDGEMENTS ON SECTION 420, IPC?

Some of the famous and most important judgements of the Honourable Supreme Court of India on Section 420, IPC are as follows:

1. Syed Yaseer Ibrahim v. State of U.P.
   Azim Wasif filed a lawsuit in 2008 when the appellant claimed possession of a property through a gift deed and Azim Wasif claimed ownership based on a will. A sale deed for the property was purportedly signed by the appellant in 2014 during this time. Then, in 2020, a second respondent filed an FIR, charging the appellant with IPC Section 420 fraud using a questionable Special Power of Attorney. Due to factual disagreements, the appellant's attempt to have the FIR dismissed through a CrPC Section 482 petition was rejected. However, the court found that the IPC Section 420 accusation lacked evidence since crucial components of the FIR and charge sheet were missing. The charge was dismissed through a section 482 petition when the appeal was successful in overturning the 2021 High Court decision.

2. Archana Rana v. State of Uttar Pradesh and Anr.
   In this instance, the respondent reported the appellant for several offences, including cheating (IPC Section 420), in an FIR. The accusation was that the respondent's son's son was promised a job by the spouse of the appellant, but the employment never materialised. The respondent claimed that the appellant beat him physically and falsely accused him and his kid of committing crimes when they asked for a refund. The FIR and legal proceedings were contested by the appellant following CrPC Section 482, but her appeal was rejected. In the judgement, which described the components of deceit and fraudulent inducement, it was emphasised that cheating lies at the heart of IPC Section 420. As a result, the charges brought against the appellant under IPC Sections 419 and 420 were dropped.

3. Ram Narain Popli v. CBI
   In this case, a three-judge bench of the Supreme Court of India was considering the elements required to establish the offence of cheating under Section 420 of the Indian Penal Code. The court held that to establish the offence of cheating, it is necessary to prove that there was deception and inducement and that the accused had a fraudulent or dishonest intention. The court also noted that the prosecution must establish the essential ingredients of the offence beyond a reasonable doubt.

4. Abhayanand Mishra v. State of Bihar
   In this case, a single-judge bench of the Supreme Court held that by making a false statement about his being a graduate and a teacher in the application submitted to the University, the accused did deceive the University. He intended to make the University permit him to appear in the M.A. examination. An admission card is a property within the meaning of Section 420, IPC. The accused would have succeeded in the commission of the offence of cheating if the admission card had not been withdrawn. Under the circumstances, the accused was guilty of attempting to cheat under Section 420, IPC read with Section 511, IPC.

5. Bakshish Singh Dhaliwal v. State of Punjab
   In this case, the appellant submitted some false claims to the Government of Burma while located in Shimla, in respect of various works which he claimed he had executed and for supply of materials under the instructions of the various units of the Army. The Supreme Court held that the very fact that the claims were bogus and did not accord with the facts, led to the inference that the appellant knew that the representations that he was making in his claims were false, The appellant was held guilty under Section 420, IPC.

6. Mahadeo Prasad v. State of West Bengal
   In this case, it was held that to constitute the offence of cheating, the intention to deceive should be in existence at the time when the inducement was offered. It is necessary to show that a person had fraudulent or dishonest intentions at the time of making the promise, to say that he committed an act of cheating. A mere failure to keep up probation cannot be presumed as an act leading to cheating.

7. Hari Prasad Chamaria v. Bishun Kumar Surekha and others
   In this case, it was held that unless the complaint showed that the accused had dishonest or fraudulent intentions at the time the complainant parted with the money it would not amount to an offence under Section 420, IPC and it may only amount to breach of contract.

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Cheating through Technology

In India, Section 420 of the Indian Penal Code (IPC) is the law that applies to cyber fraud. This section addresses circumstances in which individuals deceive others into parting with their property or taking actions they otherwise wouldn't have taken. It is comparable to deceiving someone and making them lose anything.

If found guilty under Section 420, a person could spend up to seven years in prison. A fine may also be assessed against them. This law is significant because it guards against the exploitation of people.

The various ways in which cyber cheating may happen are-

Online scams: When someone uses the internet to deceive others into paying them money or sharing personal information like bank account information.

Phishing: This is when individuals send phoney emails or messages that appear to be genuine. They might even create phoney websites that look authentic. The objective is to trick people into disclosing sensitive information like passwords without realising it.

Shopping: Fraudulent online sellers will occasionally make promises about goods they will sell but then fail to deliver them after receiving payment.

Ponzi schemes: These are situations in which individuals promise enormous returns on investments, but the funds from new investors are only used to settle the debts of the previous investors. There is frequently no meaningful investment taking place.

Resources available to victims of cheating

1. Helpline numbers and forums- These sites provide direction and assistance and also connect victims with lawyers or organisations required

2. Lawsuits- The victim can start by filing a complaint at the neighbourhood police station about the occurrence. So that they can launch an inquiry and take the necessary legal measures. Particularly in situations involving financial fraud or agreement breaches, cheating victims may bring a civil lawsuit to get restitution, compensation, or the specific fulfilment of contracts.

3. Consumer Protection Forum- Victims of fraud can turn to consumer forums at the district, state, or federal levels to seek restitution and compensation.

4. Legal aid service- The victims can get help through the state's legal aid service, These services will help the victims by providing them with the best possible solutions at minimal rates.

WHAT IS THE PROCEDURE FOR TRIAL UNDER SECTION 420, IPC?

The Code of Criminal Procedure, 1973 (also known as the "CrPC") governs criminal trials in India, which serve as the mechanism for delivering criminal justice.

The procedure taken by the trial under Section 420 of the IPC is identical to the procedure taken by trials for other criminal offences. From the time an FIR is filed until the court renders its decision, the trial process generally entails the phases listed below:

1. Investigation - FIR, Arrest, Remand and Bail under Section 420, IPC

i) First Information Report (FIR) - Criminal procedure is set into motion with the filing of an FIR or First Information Report under Section 420, IPC by the victim or an aggrieved person. This marks the beginning of investigation by police into the case of cheating under that Section.

ii) Arrest - FIR is soon followed by the arrest of the accused person (person who has allegedly committed the offence) by the police and his subsequent production before the Magistrate. Such production must be made within 24 hours of the arrest of the accused person.

iii) Remand/ Custody - At the time of such production if the investigating officer believes that the investigation under Section 420, IPC cannot be completed within 24 hours i.e., the police need more time with the accused for the purpose of interrogation etc., the officer will file an application before the same Magistrate seeking an extension in custody of the accused. Now, depending on the discretion of the Magistrate, such detention may be authorised in police custody i.e., a lock-up or in judicial custody i.e., jail.

However, it is to be noted that a Magistrate cannot authorise detention of an accused in police custody for a period exceeding the initial 15 days (from the date of the production of the accused before the Magistrate).

On the other hand, a Magistrate under Section 167 (2)(a), CrPC may authorize the detention of the accused in judicial custody beyond the period of initial 15 (fifteen) days, if he is satisfied that adequate grounds exist for doing so. However, no magistrate shall authorize custody for more than -

- Ninety days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment for a term not less than ten years;

- Sixty days, where the investigation relates to any other offense.

iv) Bail - If upon the expiry of sixty or ninety days, as the case may be, the police is unable to complete the investigation and file a chargesheet (under Section 420, IPC) with the Magistrate, the accused is entitled to default bail i.e., such bail is compulsorily granted to the accused provided he applies for and furnishes bail.

However, during the sixty- or ninety-day period, as the case may be, while the accused is still under custody of the police or otherwise for the offence under Section 420, IPC, he may keep pushing for the grant of regular bail under Section 437 or 439, CrPC by the Magistrate or the High Court/ Sessions Court, respectively.

2. Filing of Final Report by the Police

The police after completing the investigation under Section 420, IPC would have to file a final report under Section 173, CrPC. This marks the conclusion of the investigation which is aimed at collecting evidence surrounding the commission of the offence under that Section.

The final report may take one of the following forms:

a. Closure Report

b. Charge Sheet

Closure Report

If the evidence collected against the accused is found to be deficit i.e., there is not enough evidence to support prosecution of the accused under Section 420, IPC, before a Court of law justifying his further detention in the custody, then the police will file a closure report under Section 169, CrPC and release the accused on his executing a bond/ signing an undertaking for his appearance, if and when so required, before a Court or Magistrate.

In other words, a closure report is filed when the police have little or no evidence in support of the fact that the offense under Section 420, IPC has been committed by the accused under custody.

The police officer is bound to notify the informant (who gets an FIR lodged) the fact that a final report relating to his case under Section 420, IPC has been submitted to the Magistrate.

Upon presentation of the closure report to the Magistrate, he is open to proceed with any of the following four options:

1) He may accept the closure report and refuse to take cognizance of the offence. The result in that case will be that the case would not proceed further.

2) He may reject the closure report and instead take cognizance of the offence under Section 190, CrPC.

The result in that case will be that the case would proceed to the next stage.

3) Without rejecting the closure report he may direct the investigating agency to conduct further investigation into the matter, if he thinks that there is some lacunae or gap that needs filling-up.

4) If an informant challenges such closure report by filing a protest petition, the Magistrate or Court shall proceed to adjudicate upon the same following which he may take or refuse to take cognizance of the offence.

If the Magistrate takes cognizance of the offence under Section 190, CrPC he would issue summons to the accused, under Section 204, CrPC thereby directing his appearance before himself.

Charge Sheet

If the evidence collected against the accused is found to be sufficient i.e., there is enough evidence to support prosecution of the accused under Section 420, IPC before a Court of law and that justifies his continued detention in the custody, then the police will file a charge sheet under Section 173, CrPC and will forward the accused under custody to the Magistrate under Section 170, CrPC.

A charge sheet is a formal police record which is drawn out in a format prescribed by the State, stipulating the various particulars relating to the case, like names of the parties involved, nature of the accusations levelled, list of witnesses, statements of witnesses recorded during their examination under Section 161, CrPC, whether any offense appears to have been committed and, if so, by whom, whether the accused has been arrested and
whether he has been forwarded in custody under Section 170, CrPC or whether he has been released on his bond, list of objects seized and other documentary evidences that the prosecution seeks to rely on.

Once the Magistrate takes cognizance on the charge sheet, he shall issue warrant (as per the offence under Section 420, IPC) to the accused thereby securing his attendance before himself on a given date.

The Magistrate on the date fixed will conduct a hearing on charges and may consequently either discharge the accused and close the case, or he may frame the charges against the accused under Section 420, IPC and post the case for trial.

3. Plea of Guilty or Not Guilty by the Accused

After the charges have been formally framed under Section 420, IPC, they will be read over and explained to the accused by the Magistrate/ Court. Thereafter, the accused would be asked whether he pleads guilty to such charge of cheating or not.

If the accused pleads guilty, the Magistrate shall record such plea and may convict him for the offence of cheating under Section 420, IPC. However, it is to be noted that the responsibility lies with the Magistrate to ensure that the plea of guilt is made voluntarily by the accused and that is why he reserves the discretion with himself to convict the accused on such plea.

If the accused doesn’t plead guilty i.e., if he claims trial, the Magistrate shall post the case for trial.

4. Evidence for Prosecution

On the day fixed for the prosecution evidence, the Magistrate/ Court invites the prosecution to lead evidence and prove the guilt of the accused beyond reasonable doubt. The prosecution may establish the guilt with the help of either oral or documentary evidence.

The prosecution witnesses are summoned and examined and are asked to produce any document or thing in support of their version of events.

These witnesses may be subject to cross-examination if the defence counsel so desires.

5. Statement of the Accused

After the prosecution concludes its evidence, the same is put to the accused i.e., he is given an opportunity/ chance to explain the circumstances appearing in evidence against him and to say in his defence what he wants to, in his own words. This mandate is captured under Section 313, CrPC. The purpose of such statement is to establish a direct dialogue between the Court and the accused so as to enable him to explain the incriminating material.

This statement is not taken on oath and anything recorded as part of it can be used against the accused at a later stage.

6. Evidence for Defence

After recording the statement of the accused, the Court invites the defence to present evidence, if any. The accused, however is not mandatorily required to enter upon his defence as the burden of proof lies on the prosecution to prove the charge against him beyond reasonable doubt.

If the accused has any evidence (oral or documentary), it is presented before the Court at this stage. This is an opportunity for him to punch holes in the prosecution story for which it can call upon and examine witnesses or request production of a document or a thing.

7. Final Arguments

As per Section 314, CrPC, after the close of the evidence both parties take turns - first, the prosecution and then the defence - to make final oral arguments in front of the Magistrate or Court. Final arguments are presented by the Public Prosecutor and the Defence counsel.'

8. Judgment

After examining the facts and circumstances of the case, analysing the evidence produced by both the parties in support of their versions and hearing the arguments advanced by each of them, the Magistrate/ Court decides, based on strong reasons, whether to convict or acquit the accused. This is known as ‘pronouncing a judgment’.

If the accused is pronounced ‘guilty’ upon trial, he is convicted of the charge under Section 420, IPC and if pronounced ‘not-guilty’, he is acquitted of the charge under Section 420, IPC. The above is recorded in a judgement.

If the accused is convicted, then both sides are heard on quantum of sentence i.e., what punishment should he be given. This is usually done if the punishment prescribed is that of life imprisonment or death.

After hearing the arguments on the sentence, the court finally decides what punishment should the accused be sentenced to. Various theories of punishment are considered like the reformative theory and the deterrent theory of punishment etc. Also, considerations like age, background, and history of the accused are given due weightage before arriving at a decision on the punishment.

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WHAT IS THE PROCEDURE FOR APPEAL UNDER SECTION 420, IPC?

The fundamental principles of appeal under CrPC are as follows:

• An appeal is a creation of statute.

• There is no inherent right to file an appeal.

• There is no appeal only against conviction.

• There is no appeal in petty cases.

• Generally, there is no appeal on conviction on a plea of guilt.

It is important to note that, apart from the procedure set out in the CrPC or other applicable laws, a criminal court's decision or order cannot be appealed against. Therefore, there is no inherent right to appeal, and even the first appeal is subject to statutory limitations. The justification behind this principle is that the courts that preside over a case are assumed to be capable and qualified to ensure that the trial is carried out impartially. However, as per the Section 372, CrPC the victim has a right to appeal against any order passed by the Court under special circumstances comprising of a judgment of acquittal, conviction for lesser offence or inadequate compensation.

Generally, same sets of rules and procedures are employed to govern the appeals in the Courts of Session and High Courts (highest court of appeal in a State and enjoys more powers in matters where appeal is allowed). The highest court of appeal in the country is the Supreme Court and hence, it enjoys wide discretionary and plenary powers in the cases of appeals. Its powers are largely governed by the provisions laid down in CrPC, Indian Constitution, and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

The law provides a person who has been convicted of a crime to appeal to the Supreme Court or the High Court or the Sessions Court as per the circumstances.

The accused has been given the right to appeal to the Supreme Court against the judgment of the High Court if the High Court has reversed an order of his acquittal on appeal by convicting him, thereby, sentencing him to imprisonment for life or for ten years or more, or to death.

A similar right to appeal has been granted to one or all accused persons if more than one person has been convicted in a trial and such order has been passed by the court.

However, there are certain circumstances under which no appeal would lie. These provisions have been laid down under Section 265G, Section 375 and Section 376 of the CrPC.

WHAT CAN BE RETAINED AS EVIDENCE IN A CASE OF CHEATING UNDER SECTION 420, IPC?

The following things can be kept as evidence in case you are involved in case under Section 420 of the Indian Penal Code:

1. Any document supporting your case (agreement, cheque, invoice or any other written document etc.)

2. WhatsApp chats, text messages, phone recordings.

3. Video recording, CCTV, photographs, any witness.

4. Any evidence on social media that helps in supporting/ proving your facts.

WHETHER FALSE PROMISE TO MARRY AMOUNTS TO CHEATING OR NOT?

The question arises as to whether a false promise to marry made by the accused to deceive the woman for having sexual intercourse amounts to cheating or not?

In the case of Ravichandran v. Mariyammal (1992) Cr LJ 1675 (Mad), the court ruled that engaging in sexual intercourse with a woman by falsely representing oneself and deceiving her constitutes the crime of cheating, and is subject to punishment under section 417 of the Indian Penal Code.

The above case was used as a legal precedent in the case of Mailsami v. State of Tamil Nadu (1994) Cr LJ 2238 (Mad) wherein the accused had promised to marry the victim, engaged in sexual intercourse with her, and impregnated her. When the woman was six months pregnant, the accused made a demand that she should have an abortion as a condition for marrying her. The victim refused to comply with this request. The court concluded that the accused's deception had induced the victim to take action that she would not have taken if she had not been deceived. Therefore, the accused's conduct amounted to cheating and was punishable under Section 417, IPC.

But in order to convict the accused, it is necessary to prove that the promises made by the accused for inducing the victim to have sexual intercourse, was false. It is also necessary to prove that those promises were made with fraudulent intent, with no intention of honouring it and must be motivated with a desire to have sexual intimacy.

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WHAT KIND OF LIABILITY DOES CHEATING ATTRACT – CIVIL OR CRIMINAL?

Whether an accused should be held liable under civil or criminal law depends on their intent. It is crucial to determine the accused's intent at the time of committing the offense to impose the appropriate type of liability. In commercial transactions, it can be challenging to decide whether to impose civil or criminal liability. It is important to note that a mere breach of contract does not amount to cheating under Section 420 of the Indian Penal Code, unless it can be established that the accused had dishonest intentions from the beginning of the contract.

WHAT IS THE PUNISHMENT FOR ‘CHEATING AND DISHONESTY INDUCING DELIVERY OF PROPERTY’ UNDER SECTION 420, IPC?

Section 420, IPC makes the offence of ‘cheating and dishonesty inducing delivery of property’ punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

The minimum punishment for the offence under Section 420, IPC is imprisonment the duration of which depends on the discretion of the presiding Judge or Magistrate and fine.

The maximum punishment for the offence under Section 420, IPC is seven years of imprisonment and fine.

CAN A POLICE-OFFICER MAKE AN ARREST UNDER SECTION 420, IPC WITHOUT WARRANT?

Yes, since the offence of ‘cheating and dishonesty inducing delivery of property’ under Section 420, IPC is a cognizable offence, a police officer can arrest a person suspected to have committed such offence without warrant from the Court (a warrant is a Court-order authorising a police officer to carry out an arrest).

IS THE OFFENCE UNDER SECTION 420, IPC, BAILABLE?

No, the offence under Section 420, IPC is not bailable.

HOW TO GET BAIL IF CHARGED UNDER SECTION 420, IPC?

The severity of the offence under Section 420, IPC is so much that it has been characterized as a non-bailable offence.

In order to get bail in such cases, an accused would require very strong reasons.

Depending on the stage of the case, the accused can either apply for a regular bail after he has been arrested or can ideally apply for an anticipatory bail before the arrest is made. The court will consider various essentials such as antecedents of the accused, his status in the society, the motive for the offence, police charge sheet, etc. After considering all the essentials if the reasons favour accused bail will be granted.

It is crucial to take assistance from an experienced criminal lawyer in cases like these.

REGULAR-BAIL

1. In order to apply for regular bail when one is wrongfully accused under Section 324 IPC, the alleged accused will have to submit an application for bail in the court of Area Magistrate.

2. The court will then send the summons out to the other party and will fix a date for the hearing.

3. On the date of hearing, the court will hear arguments from both sides and would give a decision based on the facts and circumstances of the case.

ANTICIPATORY-BAIL

1. In case the accused has an apprehension of an arrest under Section 324, IPC, he or she can also file an application for anticipatory bail with the help of a criminal lawyer.

2. The lawyer will file the anticipatory bail application in the requisite court having the authority to adjudge the particular criminal matter along with a vakalatnama.

3. The court will then notify a public prosecutor about the anticipatory bail application and would ask him to file objections, if any.

4. Thereafter, the court will appoint a date of hearing and after hearing the final arguments of both the parties would give a judgment based on the facts and circumstances of the case.

Consult: Top Criminal Lawyers in India

IS THE OFFENCE UNDER SECTION 420, IPC, COMPOUNDABLE?

The offence under Section 420, IPC is compoundable i.e., law allows for a compromise to be recorded between the victim and the offender.

However, as per Section 320 CrPC, 1973 such offence may be compounded by the victim i.e., the person cheated only with the permission of the Court before which prosecution for such offence is pending.

TESTIMONIALS

1. “I was cheated by one of my friends. I had given a loan to him against which he had given me a post-dated cheque. When the date of repayment came, I deposited the cheque which was bounced. When I enquired about it with my friend, he said he doesn’t have money in the bank and would need some more time to repay the loan. When I followed up later, he kept on saying he doesn’t have the money and one day he flipped on his words totally. He said that he had repaid the loan and upon repayment also I have not returned the cheque to him. Upon this I consulted a lawyer and as per my lawyer’s advice filed a cheque bounce and cheating case against him. It went on for almost 1.5 years after which the Court convicted him of cheating under Section 420 and sentenced him to imprisonment of 2 years.”

- Aman Gupta

2. “I was in a relationship with this girl who wanted to be an actress. Whenever she needed money, I helped her. I paid for almost everything for her including her portfolio, the rent of her apartment along with the photoshoots. One day she came to me and said her mother was not well and she needed to go to her hometown to be with her. She asked me for some money which I willingly gave her to help her with her mother’s treatment. Months later I figured out that everything I knew or believed about her was all staged. I filed an FIR against her for cheating immediately. Upon investigation it was found she had done this to several others. When police got to know about her whereabouts, she was arrested. The Court, after examining my case thoroughly, sentenced her to be imprisoned for 3 years.”

- Jai Rajpurohit

3. “I am an art consultant and my clients are mostly rich industrialists or filmmakers. I was on a project for this one client who needed an antique made by an Italian artist. While doing my market research I came across this website which dealt in Italian art collections. I contacted them for the particular piece of antique and they confirmed that they could arrange it for me. I paid them and the art piece was delivered to me. When kept in an event, one of the guests confirmed that the piece was a fake as he had already purchased the original. Upon investigation the allegation was confirmed. I immediately filed a complaint with the help of my lawyer against the website and its owners, who were later arrested. The Court also held in our favour and imprisoned the owners and also ordered them to refund the amount paid by us with interest.”

- Sparsha Purushotham

4. “My manager who handled all the operations for my firm had given my cheques with my forged signatures to various vendors. The cheques were drawn on a bank account which was not operational. When the vendors deposited the cheque, they bounced and a case was filed against me and my company for committing fraud. In my defence I filed a counter claim against my manager who had fraudulently forged my signatures on the cheques and had distributed the same to the vendors. Upon forensic examination of the same my claim was proved and the manager was sentenced to imprisonment for a period of 4 years.”

- Sonu Sugandh

5. “Me and my wife had contacted this builder to purchase a flat. He showed us one project which was under construction and the blueprints of the apartment once it was complete. We liked the project and booked one of the apartments by paying half of the payment in advance. The deadline for the project was over and even after following up with the builder several times we were not provided a proper answer. One day we got to know that the builder has abandoned the project and has ran away with all the money of the buyers. We contacted LawRato, who provided us a lawyer upon whose advise we jointly filed a case of fraud and cheating against the builder with all the other buyers. It took a 3 year long legal battle but atlast we won the case. The Court ordered the builder to repay the amount paid to it by the buyers with interest and was imprisoned for a period of 3 years.”

- Ravi Jalan

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WHY DO YOU NEED A LAWYER FOR A CASE UNDER SECTION 420, IPC?

Being charged with an offence, whether major or minor, is a serious matter.

Someone who is accused of a crime faces the possibility of severe penalties such as being incarcerated or having to pay significant fines. In addition, they may also experience adverse social outcomes, such as being stigmatized by having a criminal record associated with their name. This can result in a damaged reputation that can impact both their personal and professional life. Furthermore, they may have to endure costly, protracted, and emotionally taxing legal proceedings. While some legal matters can be handled alone, a criminal arrest of any nature warrants legal advice of a qualified criminal lawyer who can guide you about your rights and secure the best possible outcome for your case.

If you're facing criminal prosecution, a criminal lawyer can help you understand:

• The nature of the charges filed;

• Your rights before and after an arrest;

• Any defences that may be available;

• What plea bargains are likely to be offered; and

• What is expected after trial or conviction.

One should ideally prepare a timeline of events and take it down on a piece of paper so that it is easier to brief the lawyer about the case. This will also help the lawyer to formulate a strategy to successfully conduct the trial and convince the court to adjudge in your favour.

Additionally, it is crucial to have a comprehensive understanding of the relevant laws regarding the case. It is advisable to have a discussion with the lawyer and obtain an understanding of the legal process and the applicable regulations. It is equally important to conduct your own investigation and comprehend the potential risks involved, as well as how to mitigate them.

Hence, having by your side a criminal lawyer can prove to be of immense help when charged with an offence as under section 420, IPC.