CHEATING`

M Ravinder Babu Advocate Parka (Querist) 03 February 2010 This query is : Resolved
Whether prior intention is must in cheating

Follow Query

Report Abuse

Arvind Singh Chauhan (Expert) 03 February 2010
Nice query Sir, it is really confusing,any act towards cheating, it self shows the intention. But according to criminal law I think mens rea is must. Correct me if I am wrong.

B K Raghavendra Rao (Expert) 03 February 2010
Prior intention is not and need not be essential for the act of cheating.

Sukhija (Expert) 04 February 2010
yes.

Parveen Kr. Aggarwal (Expert) 05 February 2010
Cheating is defined in section 415 of the IPC as "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 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".

As such, prior(from the beginning) fraudulent or dishonest intention is must for the offence of cheating.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now