Please guide me with list of Sections both in IPC and CrPC to study for a Complain Case on grounds of Fraud / Mischief / Cheating and Perjury.
If Ld. members can respectively quote Apex court citations for each grounds then it will be much more easier to understand the Point of Law as discussed by Apex Court (binding principal point of view is what I am thinking here)
Vishal Gupta (lawyer) 31 December 2008
AEJAZ AHMED (Legal Consultant/Lawyer) 31 December 2008
MR. D. ARUN KUMAR,
As per your request, following are the Sections against each Offence :
Mischief : 425
Cheating : 420
Perjury : 191
DEFINITION OF FRAUD Fraud is defined as "any behavior by which one person intends to gain a dishonest advantage over another". In other words , fraud is an act or omission which is intended to cause wrongful gain to one person and wrongful loss to the other, either by way of concealment of facts or otherwise. Fraud is defined u/s 421 of the Indian Penal Code and u/s 17 of the Indian Contract Act. Thus essential elements of frauds are: 1. There must be a representation and assertion; The term 'fraud' has not been defined in the Indian Penal Code (IPC). Nevertheless, Section 25 of the IPC does attempt to define the word 'fraudulently' by saying that there can be no fraud unless there is an intention to defraud. In general, fraud is committed in three different ways:
The main intent of a fraudulent person is, in almost every case, his/her own advantage. A conclusive test to the fraudulent character of a deception for criminal purpose is whether the author of the deceit derived any advantage from it which he would not have had if the truth had been known.This definition of fraud encompasses scams on the Net. Sections relating to cheating (415 to 420), such as cheating by impersonation (Section 416) and cheating with knowledge that wrongful loss may ensue to a person whose interest the offender is bound to protect (Section 418) may be applied according to the facts of a case.
2. It must relate to a fact;
3. It must be with the knowledge that it is false or without belief in its truth; and
4. It must induce another to act upon the assertion in question or to do or not to do certain act.
Dear Mr. Aejaz,
Thank you for your leads in making me understand the "three main sections" before I file a complaint case post opening of Delhi Courts. BTW, could you and ors. be kind enough to direct me to specefic citations of Apex courts on all three sections which defines them respectively in a better prespectives ?
Rgds
vikram singh (advocate) 31 December 2008
good work ezaj bhai,and i also wish a very happy newyear to all the viewers in advance.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 31 December 2008
Really amazing & gud work AEJAZ AHMED. I appreciate you for all this.
SURAJIT (Student) 05 September 2013
dear Sirs
recently one of my friend qualified for an entrance conducted by state SSC. the entrance was for selection into say post A and post B. after certain years of service post B will be [promoted to Post A. both the post carry same pay scale.
after my friend qualified in the entrance he got a call from a lady if he needs any help for viva then contact PA to secretary of SSC and gave him his mobile number. as my friend was eager to get a govt job he contacted the mobile no. given by the lady. the person on the other side introduced to him as Mr X PA to secretary SSC and called him to his office for discussion. after 7 days my friend went to SSC office and came to know that Mr X is actually PA to secretary SSC. Mr X called him to outside and started conversation. in the mean time my friend apprehending danger in future switched on the voice recording mode of his mobile so that their conversion is recorded. mr X demanded rs 3 lakhs and assured him that he will be selected for post A. but my friend finalised the matter for Rs 1 lakh. then mr X gave in writing his home address in a piece of paper where money to be delivered.
after 7 days my friend transferred Rs 1 lakhs to his bank account from his own account so that he will have documentary evidence.
now after the final result my friend got selected for post B not post A for which he had paid Rs 1 lakhs to Mr X. and my friend is not interested to join post B.
my friend has got the voice recording of demanding money, evidence of money transfer, call details of mobile, hand written address by mr x on a piece of paper.
now pls guide me how can my friend get back his money ?
what legal action can be taken against mr X ?
MANOJ GUPTA (MANAGER) 01 October 2013
Both - the fraudster as well as your friend may be prosecuted as Taking as well as giving Bribe both are offence.
Tathagata Banerjee 03 August 2016
Respected Sir,
Kindly advice me what should I do ?
A company invited for franchisee . Asked me to deposit Rs.10,000 /-as Franchisee fee .He told me that the business will commence from April . I made the payment on March 12th 2016 . also signed an agreement where it was mentioned that the money is non-refundable and if i can't give business then they will cancel the franchisee agreement . But after completing 5 month I asked for the return of my Franchisee Amount, as there was no pogress in there work and also they have not even started there business .
The owner of the company have taken different franchisee fee from different people.
Whenever i mail regarding my return the owner of the company is avoiding me and giving no reply . with me there are also 6 more people engaged .
Now Sir you kindly advice me what should i do ?
Regards
Tathagata Banerjee
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