SECTION 420

Overview: This section Under Indian Kanoon about the offence of cheating and also prescribes punishment for it. This section gives emphasis on the intention of the doer. If the intention is not proved or was not present while the act was performed, then that will not be covered by this section.

Meaning of Cheating: The term "cheating" has been defined under Section 415 of the Indian Penal Code. This element of cheating must be there in every offence under Section 420 of I.P.C.

Meaning of Property: The word “property” can basically be defined as all things which can be measured in terms of money. The said thing should be capable of being possessed by a person for the exclusive use or enjoyment as the owner of that thing thus will only include tangible property.

Essential elements of Section 420 IPC:

(i)                Cheating;

(ii)             Dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being converted into valuable security and;

(iii)           Mens rea (criminal intent) of the accused at the time of making the inducement.

Making of a false representation is one of the most important ingredients to establish the offence of cheating under Section 420 IPC. For bringing a case for the offence of cheating, it is not simply satisfactory to prove that a false representation had been made, but it is also very necessary to prove that the representation which was made was false to the knowledge of the accused and was made for deceiving the complainant.

Way of proving cheating against any person: The person bringing a case under 420 IPC has to prove that there was an intention to cheat at the time of making the misrepresentation; and this fact should be proved on the basis of all the following conduct as acts and omissions of the accused. Therefore, all the acts and omissions of the accused must clearly and legibly be set out right from the starting date of false representation, till the final stage of filing of the complaint.

Punishment for Cheating and dishonestly inducing delivery of property under Section 420 IPC: This section of Indian Kanoon provides for punishment to a person who cheats and thereby dishonestly induces the person deceived to deliver any property to any other person, or to make, alter or destroy the whole or any part of valuable security, or any document or thing which is signed or sealed by someone, and which is capable of being converted into a valuable security. The person who does this act shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustration: Abhishek, sold an article to Bijay saying that it is made up of silver when it is not, intentionally deceives him and thus commits the offence of cheating.

Composition under Section 320 Cr.P.C.: This Offence is listed under Compoundable Offences i.e. compromise or settlement can be entered into by the parties. It is compoundable by the person who is cheated. It can only be done with the permission of the Court. 

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