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1 - 10 of 10 (0.42 seconds)Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Indian Penal Code, 1860 [Entire Act]
Section 109 in The Indian Penal Code, 1860 [Entire Act]
Section 415 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Bashirbhai Mohamedbhai vs The State Of Bombay on 19 April, 1960
Deception is the quintessence of 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. (See Bashirbhai Mohamedbhai v. State of Bombay, AIR
(1960) SC 979.
The Code of Criminal Procedure, 1973
Shivnarayan Kabra vs The State Of Madras on 23 August, 1966
As was observed by this Court in Shivanarayan Kabra v. State of Madras, AIR
(1967) SC 986 it is not necessary that a false pretence should be made in
express words by the accused. It may be inferred from all the circumstances
including the conduct of the accused in obtaining the property. In the true
nature of things it is not always possible to prove dishonest intention by
any direct evidence. It can be proved by number of circumstances from which
a reasonable inference can be drawn.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
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