Added: Shadrick Simon - Date: 08.12.2021 07:46 - Views: 20211 - Clicks: 5010
Section in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine. Distinction between mere 'breach of contract' and the 'offense of cheating' is a fine one. It depends upon the intention of the accused at the time of inducement which may be judged by his subsequent conduct but for this subsequent conduct is not the sole test.
Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed.
Therefore, it is the intention of cheating which is the gist of the offence. To hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time of committing the act. A mere representation, which is neither claimed or alleged to be dishonest or fraudulent would not attract the charge of cheating only because the complainant parts with his money on the basis thereof.
The maximum punishment for an offence under section of IPC is imprisonment for a term which may extend to seven years, with or without monetary fine. This section was also in use in other neighboring countries such as Pakistan , Myanmar , where the term persists in popular culture to this date. In the Nigerian Criminal Code , the same offence is covered by article , which has now lent its name to the advance fee fraud. Doubtfire and Shri in English: Mr.
Indian law. Not to be confused with cannabis culture. Indian Kanoon website. Retrieved 16 May Indian Kanoon. Retrieved 2 December Indian Penal Code. : Sections of the Indian Penal Code. Namespaces Article Talk. Views Read Edit View history. Help Learn to edit Community portal Recent changes file. Download as PDF Printable version. Add links.I provide 420
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