Anticipatory bail in case of cheating (420 IPC)

Anticipatory bail in case of cheating (420 IPC)

Anticipatory bail in case of cheating (420 IPC)

Most common offence committed in India is cheating/fraud.  In a plan language when a person does some wrong act with to another person, then offence of cheating or fraud has been committed. But actually term fraud has not been defined in the Indian penal code. The dictionary definition of ‘fraud’ is “deliberate deception, treachery or cheating intended to gain advantage”. Section 17 of the Contract Act, 1872 defines ‘fraud’ with reference to a party to a contract.

The Penal Code however defines ‘fraudulently’, an adjective form of the word ‘fraud’, “A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise”. The term “fraudulently” is mostly used with the term “dishonestly”  “Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person is said to do that thing “dishonestly”. To ‘defraud’ or do something fraudulently is not by itself made an offence under the Penal Code, but various acts when done fraudulently (or fraudulently and dishonestly) are made offences.

Section 415 IPC define the cheating – “Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived 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, is said to “cheat”.

To hold a person guilty of cheating as defined under section 415 of the 1.P.C, it is necessary to show that “He had fraudulent or dishonest intention at the time of making the promise with an intention to retain the property”. In other words, section 415 of the I.P.C which defines cheating, requires deception of any person (a) inducing that person to: (i) to deliver any property to any person, or (ii) to consent that any person shall retain any property, or (b) 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, anybody’s mind , reputation or property.

 

Difference between 415 and 420 of IPC –

The main ingredients of an offence under section 415 and 420 IPC is cheating. Section 415 IPC only define the cheating and Section 420 IPC cover commitment of offence with following points (1) there should be fraudulent or dishonest inducement of a person by deceiving him, (2) (a) the person so deceived should be induced to deliver any property to any person , or to consent that any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (3) in cases covered by (2)(b), the act of omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation property

Offence under section 406 IPC always comes with 420 IPC –

Sometimes when a person commits one offence on the same time another office has been committed automatically and same condition applied on the 420 IPC. Whenever any person commit offence under section 420 IPC on the same time person reach the trust of person in a criminal way. On that point person commit the offence “criminal breach of trust” which is result of the same act. In the both sections entrustment is necessary.

When accused get the Anticipatory bail in case of Cheating (420 IPC) –

Sometimes offence not committed but just happened. Like as per the definition of the section 420 IPC stated that ingredients of cheating and dishonesty is must be present at the time of act. If both ingredients is missing and act just happened with the Victim, then person (accused) get the bail. So main ingredients of commit the offence is Intention, if person do some wrong act with  criminal intention then it’s very difficult for him to get relief in the eyes of law.

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