Section 417 in The Indian Penal Code, 1860
417. Punishment for cheating.—
Whoever cheats shall be punished with imprisonment of either description for a term
will bring the case within the meaning of Section 415 , IPC and Section 417 , IPC.
The prosecution has miserably foiled ... purpose of the Indian Penal Code at all.
36. Turning to Section 417 , IPC, it needs to be noted that Section 417 , IPC
under
Section 366 and Section 376 IPC, erroneously formed an
opinion that the ingredients of an offence punishable under
Section 417 were present ... cannot be said that an offence either
under Section 376 or under Section 417 of IPC is made out. In
such a case
acquittal of
accused under Section 376 IPC. However, we convict the
accused qua minor offence punishable under Sections 417 IPC ... provision of Section 222 of Code of Criminal Procedure 1973
and we also convict accused under section 506 Part-I IPC . We
modify
itself cannot attract a charge under Section
420 I.P.C. nor even under Section 417 I.P.C. in the absence of
material ... justified in altering
the charge from Section 138 of the N.I.Act to Section 417 of the
I.P.C. after the entire evidence
taken this Court through the relevant provisions of the Indian Penal Code viz., Sections, 313 , 417 and 109 IPC and would contend that ... facts is a deception within the meaning of this Section."
Section 417 IPC dealing with punishment for cheating specifies that
"Whoever
that he be tried for offences under Sections 493 , 496 and 417 of the Indian Penal
Code. After undergoing many vicissitudes her complaint resulted ... provisions of Section 193 of the Code, the Sessions Judge was not entitled to take cognizance of the offence under Section 417
under Section 417 are available here. So the first submission cannot be sustained.
6. Regarding the second submission that offence under section 417 , ... under section 420 , I.P.C. or 493 I.P.C . and at the most, it will make out offence under section 417 ,
inconsequence of any misconception of fact, the offence under Section 417 of
Indian Penal Code, 1860 is not attracted."
(ii) In the decision ... conviction of the accused for an offence of
cheating under Section 417 , Indian Penal Code, 1860 and the sentence imposed
thereon is not sustainable
offence of cheating within the meaning of Section 415 IPC, no conviction under Section 417 IPC can be maintained ... Section 95 does not include physical injury. The expression "harm" is used in many sections of the Indian Penal Code . In Sections