CrPC Section 404
Section 420 IPC – Cheating and dishonestly inducing delivery of property
Text of Section 420 IPC:
“Whoever cheats and thereby dishonestly induces the person deceived 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, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
Breaking it down:
1. What is the offence?
Cheating: Deceiving someone by dishonest or fraudulent means.
Dishonest inducement: Causing the deceived person to do something they would not have done otherwise because of the deception.
The inducement results in the person delivering property or doing something related to valuable security (like documents, contracts, bonds, etc.).
2. Key Elements of Section 420:
Cheating: There must be an act of deception.
Dishonest intention: The accused must have intended to cheat.
Inducement: The deception must have caused the victim to deliver property or alter/destroy valuable securities.
Delivery of property: Actual transfer of property or security must have taken place because of the cheating.
3. Examples:
A person sells a fake diamond by pretending it’s real and gets money for it.
Someone tricks another into signing a fraudulent contract that causes loss.
Inducing someone to hand over money by promising a non-existent job or investment.
4. Punishment:
Imprisonment for up to 7 years (can be rigorous or simple).
Also liable to a fine.
The seriousness of the punishment reflects the harm cheating causes to individuals and society.
5. How is this different from simple cheating (Section 415 IPC)?
Section 415 defines cheating generally.
Section 420 adds a specific consequence: the victim must have been dishonestly induced to deliver property or deal with valuable security.
Hence, Section 420 covers cheating with tangible loss involved, not just any deception.
6. Importance of Section 420:
Protects people and property from fraud.
Helps maintain trust in commercial and personal transactions.
Punishes deliberate dishonesty involving property transfer.
Summary Table:
| Aspect | Details |
|---|---|
| Offence | Cheating and dishonestly inducing delivery of property or alteration of valuable security |
| Key Elements | Cheating, dishonest intention, inducement, delivery of property |
| Punishment | Up to 7 years imprisonment + fine |
| Example | Selling fake goods, fraudulent contracts, false promises |
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