CHEATING`

M Ravinder Babu Advocate Parka (Querist) 03 February 2010 This query is : Resolved
Whether a promise to do certain act, if not done amounts to cheating

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sunildatta akole (Expert) 03 February 2010
No if anybody breaks the promise it does not amount cheating because for cheating prior intention is must.
If anybody breaks the promise then it is a breach of contract. and you can file a civil suit for performance of contract. because when there is a civil remedy available then no offence is committed.

Arvind Singh Chauhan (Expert) 03 February 2010
There is no cheating unless there is harm to person or property as defined in 415 IPC.

Adinath@Avinash Patil (Expert) 03 February 2010
THERE IS NO CHEATING.

B K Raghavendra Rao (Expert) 03 February 2010
Best example: all politicians. If a promise is broken it need not necessarily end up in cheating. A person who has been promised must have acted and incurred loss on account of that promise, only then it amounts cheating.

Parveen Kr. Aggarwal (Expert) 04 February 2010
For cheating dishonest intention at the beginning is a sine qua non. In the absence of mens rea offence of cheating cannot be said to have been committed by a mere breach of promise.