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yasaswi gomes (.)     09 July 2021

420 case compensation

Hi,

If someone like an immigration consultancy cheats a customers by taking money and not given the visa, after filing 420 case and proven, that guy wants five crores compensation because they spoiled his age and marriage. Can he claim 5 cores as compensation? I heard there is no limit to claim compensation. 

Txs



Learning

 5 Replies

Kevin Moses Paul   09 July 2021

The section that you've mentioned in your query is of the Indian Penal Code (IPC), 1860 talks about an offence committed by someone who cheats another person and, thus, induces the deceived person to deliver his/her property in favor of the offender. 

The section Section 420 of the Indian Penal Code deals with "Cheating and dishonestly inducing delivery of property". The section further states that - "Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine."

I've laid down a link of a case where a man from Chennai asked for similar amount of compensation, do have a look at that matter for more input -

https://www.indiatoday.in/coronavirus-outbreak/story/chennai-man-seeks-rs-5-crore-in-damages-after-taking-part-in-oxford-vaccine-trial-dgci-probes-claim-1745143-2020-11-29

Regards

Kevin M. Paul

1 Like

yasaswi gomes (.)     09 July 2021

Dear Mr. Kevin, Very informative, and I will go through this at the earliest. GN. 

G.L.N. Prasad (Retired employee.)     10 July 2021

Inform the specific reason and fact basing on which Visa was rejected and as to whether the rejection was by Indian organization or diplomat and the manner in which they assured an applicant certain visa.

1 Like

P. Venu (Advocate)     10 July 2021

The posting is purely hypothetical on facts and misconceived in law.

1 Like

yasaswi gomes (.)     10 July 2021

Dear G.L.N Prasad, the matter relates to work visa. The issue is at the immigration consultancy level. Once I sort this out, no one knows how to get me selected in draws. 

 

Dear P. Venu I guess your correct. There is no significance even if hypothetically tested because the qualitative case matter scenarios are different in each crime. Maybe your reasonable with your answer and I also have the right to get angry 😡 after getting suppressed. So I just threw a stone on my offenders. However, God will never forgive gluttony. 

I read that section 357 CPC is not effective as offenders choose to convict themselves/ continue jail rather than to pay compensation because they are impecunious. 

This is the reason why, businesses are blackmailed and victims win huge compensations; while the social turpitude cannot be blackmailed as they don’t have dignity of life. I had seen petty criminals become good and gave away some money from their pockets to get rid of their immoral past while others became petty criminals and continued their way in waywardness/ fraudulent ways. 


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