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itz smr   06 March 2021

fake jobs and visas

a person provides fake jobs and visas to people by taking money from them... in which section of law the accused person should be dealt with


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 2 Replies

Kevin Moses Paul   06 March 2021

First all these activities has incredibly increased since the past decade. Regardless, of such fraudulent activities they're not usually complained about because people in our country fear to approach police or local authorities cause they don't have an appropriate answers to questions regarding the legality of money that was used for these processes.

Just because many people lack documents to prove their legality in owning the amount that they used for visa and passport purposes they don't complain about these frauds often.

However, I would like to tell you, that such an activity is illegal and person promising to do so could be punished or booked under section 420 of the Indian Penal Code (IPC) 1860 for Cheating as well as under section 17 of the Indian Contract Act (ICA) 1872.

In Contractual term as described in the Indian Contract Act, Sec 17 suggests that a fraud means and includes any of the acts done by a party to a contract or with his connivance or by his agents with the intention to deceive another party or his agent or to induce him to enter in to a contract.

While on the other hand, section 420 of IPC deals with Cheating and dishonestly inducing delivery of property.

This act further specifies 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".

Therefore, such an accused could be held liable for frauds and cheats done by him under both the Indian Penal Code and the Indian Contract Act as well.

Hope this solves your problem.

Regards
Kevin M. Paul

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 March 2021

1. File a Police FIR with the relevant documentary evidences and witnesses. The Police will investigate and file Charge Sheet in Court, under the IPC "ONLY" based on its investigation report and evidence /witnesses.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


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