Answer
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 only property. of intentionally induces the person so deceived to do or omit to do anything which he could not do or omit if he was 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”. (S.415)
Explanation:
A dishonest concealment of facts is a deception within the meaning of this Section (S. 415).
Ingredients: The essential ingredients of the offence are:
(1) Deception of any person
(2) (a) Fraudulently or dishonestly inducing that person:
(i) to deliver any property to any person, or
(ii) to comment that any person shall retain any property, or
(2) (b) Intentionally inducing that person to o or omit to do any which he would not do or tiiI1 if he was not SO deceived, and which or omission causes or is likely to cause damage harm to that person in hobby, mind, reputation or property.
Important points: The following points need to be noted with regard to the offence of cheating...
1. A dishonest concealment of facts is a deception.
2. Deceiving means misleading or leading into error.
3. A promise as to future conduct not intending to be kept is cheating
4. It is not necessary that’ cheating should be committed in express words. if it can be inferred from all the circumstances attending the obtaining of property. But it is necessary that a person should be deceived.
5. The offence is complete even if the person deceived in other than the one on whom the deception is practised. Similarly, it is not necessary that there should be intent to deceive any particular individual. If a false balance sheet or prospects is issued to the public, the person issuing it will be ‘guilty of cheating, although there was no intent to receive anyone in particular there.
6. Mere puffing of goods by vendor is no offence.
Illustrations
(a) A, by falsely Pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have no credit goods for which he does not mean to pay. A cheats.
(b) A by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and, thereby, dishonestly Induces Z to buy and pay for the article. A cheats.
(C) A, by pleading as diamond articles which he knows are not diamonds intentionally deceives z, and thereby dishonestly includes Z to lend money. A cheats.
(d) A intentionally deceives Z into a, belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to fend him money. A not intending to repay it. A cheats.
(e) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(f) A sells and conveys an estates. A knowing that in consequence of such sale he has no right to the property, sells or mortgages the Same to Z without disclosing the, fact the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
A is guilty of the offence of cheating. The licence is property within the meaning of Section 420 of Pakistan Penal Code.
It has been held that the debtor was guilty of cheating and not merely of an attempt to cheat.
Aggravated forms of offence:
The following are aggravated forms of cheating:
1. Cheating with knowledge that wrongful loss may thereby be used to a person whose interest the offender is bound to protect. (S. 418)
2. Cheating personation. (Ss. 416, 419)
3. Cheating and thereby dishonestly inducing the person deceived to deliver any property any person; or to make, alter, or destroy a valuable security, or anything which is signed or sealed, and which is capable of being
converted into a valuable security (S.420)
A person is said to cheat by personation if he cheats:
1. by pretending to be some other person, or
2. personation by knowingly substituting one person fo another, or
3. by representing that hear any other person is a person other than he or such other person really is (S. 41)
It is immaterial whether the individual personated is a real c imaginary person (explain…… )[13 years, or fine, or both (S. 411)
As soon as a man by word, act, or sign, holds himself out as particular person with the object of passing himself off as t person, and exercising the right which that person has, he personated him. For instance, if A represents himself to be B at examination, or represents himself, to be of a particular caste which he is not or gives a false description of his position in life, commits this offence.
1. Distinction between a cheating and criminal breach trust:
(1) The cheat obtains possession of the property by deceiving the owner. In breach of trust, the offender is
lawfully, entrusted with the property and the dishonestly misappropriates it.
(ii) In cheating, there is neither fiduciary relation nor any conversion, of property. There is simply the practising of
deception and thereby acquiring of property. In breach of trust, there is conversion of property held in fiduciary
capacity.
2. Cheating and criminal misappropriation:
(i) in cheating possession of the property is obtained by practicing deception or fraudulent means. In criminal
misappropriation the property conies by into the possession of the offender Innocently, by some casualty and the subsequent change of his intention to misappropriate it makes the Possession wrongful and fraudulent In criminal breach of trust the offender is lawfully entrusted with the. Property, bot the dishonestly misappropriate5 or converts to his own use that properly, or suffers any other person so to do.
(ii) Cheating involves practicing of deception of acquiring property. There is neither fiduciary relationship nor any convers ion of property. In criminal misappropriation the property comes into the Possession of the offender innocently and that is no fiduciary rela1ionshp. In criminal breach of trust there is the conversion of property held by a person in fiduciary relationship.
3. Cheating extortion:
Both these offences are committed obtaining wrongful consent. In the case f extortion, however, the extortion obtains Consent by intimidation; but the cheat obtain it by deception. Extortion is committed by patting a person in fear of injury or when he is compelled to part with his property by threats; but in the case of cheating the person is induced by fraudulent or dishonest means to deliver the property.
4. Cheating and theft:
Cheating differs from theft inasmuch as in cheating property is taken with the owner’s consent obtained by deception, while in theft the property is taken without the owner’s consent. Tile property involved in cheating may be movable or immovable it is always movable in theft.
Punishment for cheating:
Whoever cheats shall he punished with imprisonment of either description for a fem which may extend to one year, or with fine, or with both.
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