Section 415 in The Indian Penal Code, 1860
415. Cheating.—
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived ... property, is said to “cheat”. Explanation.— A dishonest concealment of facts is a deception within the meaning of this section. Illustrations
read
with Section 120B of the Indian Penal Code ( IPC ) inter alia stating "that
the accused persons in collusion ... over property; similarly the
ingredients of the offence under Section 415 & 120-B IPC also were not
satisfied. According
under section
420 IPC. Section 415 is set out below:
415. Cheating.Whoever, by deceiving any
person, fraudulently or dishonestly ... facts
is a deception within the meaning of this section.
Section 415 IPC thus requires
1. deception of any person
Property), 405
(Criminal Breach of Trust), 415 (Cheating), 425 (Mischief) of the
Indian Penal Code . No notice was given to IOC in this regard ... complaint are sufficient to constitute
offences under sections 415 and 425 of IPC. We accordingly allow
these appeals in part
Indian Penal Code.
The ingredients of Section 420 of the Indian Penal Code are as
follows:
i) Deception of any persons ... offence of cheating, as contained in Section
415 of the Indian Penal Code, did not and could not arise.
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25. Similarly
Penal Code , 1860
Sections 161 and 165 - Scope and difference between -
Motive or reward for abuse of office - Relevancy of.
Sections 415 ... under Section 161 or Section 165 or clause (a) or clause (b)
of sub-section (1) of Section 5 the Court
Magistrate, Hyderabad against the appellant
under Sections 120B, 418, 415 and 420 read with Section 34
Indian Penal Code, the respondents moved ... 415 IPC . For convenience
sake Section 415 reads as below: 415. Cheating Whoever,
by deceiving any person, fradulently or dishonestly induces
read
with Sections 409 , 420 , 467 , 468 and 471 Indian Penal Code.
In the second FIR dated 12.6.1989 field by the
superintendent ... essential
ingredients of the offence of cheating as contained in
Section 415 IPC are:-
a) Dishonest inducement; b)
Delivery
offence of cheating as defined under Section 415 of the Indian
Penal Code. On the basis of the aforesaid allegations, the
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appellants ... Indian Penal Code does not contain any
provision similar to the aforesaid acts. Since the offence of
cheating under Section 415
taking
cognizance under Sections 406 and 420 of the Indian Penal Code (for
short “the IPC ”) against the respondent ... that the
petitioner has cheated the respondent. No case for prosecution
under Section 420 or Section 406 IPC is made
