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1 - 10 of 16 (1.07 seconds)The Indian Penal Code, 1860
Section 420 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 415 in The Code of Criminal Procedure, 1973 [Entire Act]
Jaswantrai Manilal Akhaney vs The State Of Bombay on 4 May, 1956
induce the complainant to deliver any property ; in the second
part, the person should intentionally induce the complainant
to do or omit to do a thing. That is to say, in the first part,
State Vs. Rajender Mittal and others Page No. 25/30
inducement must be dishonest or fraudulent. In the second
part, the inducement should be intentional. As observed by
this Court in Jaswantrai Manilal Akhaney v. State of
Bombay, AIR 1956 SC 575, a guilty intention is an essential
ingredient of the offence of cheating. In order, therefore, to
secure conviction of a person for the offence of cheating
"mens rea" on the part of that person, must be established.
Mahadeo Prasad vs State Of West Bengal on 13 January, 1954
It
was also observed in Mahadeo Prasad v. State of W.B., AIR
1954 SC 724, that in order to constitute the offence of
cheating, the intention to deceive should be in existence at
the time when the inducement was offered."
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Devender Kumar Singla vs Baldev Krishan Singla on 17 February, 2004
In Devender Kumar Single V. Baldev
Krishan Single, (SC) 2004(2) J.T. 539 : 204 Cri.L.J 1774, it
has been observed that, "Section 420 deals with the cases
whereby the deceived person is dishonestly induced 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. Section 415 defines
"cheating". The said provision requires, (i) deception of any
person (ii) whereby fraudulently or dishonestly inducing that
person to deliver any property to any person or to consent
that any person shall retain any property or (iii) intentionally
inducing that person to do or omit to do anything which he
would not do or omit if he were not so deceived, and which
act or omission causes or is likely to cause damage or harm
to that person in body, mind, reputation or property.
Deception of any person is common to the second and third
requirements of the provision. The said requirements are
alternative to each other and this is made significantly clear
by use of disjunctive conjunction 'or'. The definition of the
offence of cheating embraces some cases in which no
transfer of property is occasioned by the deception and some
in which no transfer occurs. Deception is the quintessence of
State Vs. Rajender Mittal and others Page No. 24/30
the offence. The essential ingredients to attract Section 420
are : (i) cheating, (ii) dishonest inducement to deliver property
or to make, alter or destroy any valuable security or anything
which is sealed or signed or is capable of being converted
into a valuable security and the (iii) mens rea of the accused
at the time of making the inducement. The making of a false
representation is one of the ingredients for the offence of
cheating under Section 420.