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Priya Sharma   31 January 2019

ipc cheating topic

wht is the difference between sec 417 & 420 of ipc


Learning

 4 Replies

Advocate G. Pavan Kumar, LL.B (Advocate , Hyderabad)     31 January 2019

This may be academic question.
Main Difference 
417 : Small Offence, Less Punishment, mostly less severe crime/offence, Eg: Caste Misrepresentation:
420 : Large Offence, Property ( movable, immovable property), Higher Punishment Eg: Taking Money for Fake Job
Difference is the degree of offence.


IPC

415. Cheating.—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 or 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”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section


416. Cheating by personation.—A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.—The offence is committed whether the individual personated is a real or imaginary person.

417. Punishment for cheating.—Whoever cheats shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

420. Cheating and dishonestly inducing delivery of property.—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.

 

Priya Sharma   31 January 2019

sir, in the case of 420, there must be charge of 415?? i mean dono section ek sath lagne chahiye

Advocate G. Pavan Kumar, LL.B (Advocate , Hyderabad)     31 January 2019

IPC 415 is the definition of "Cheating". Police may or may not include. Generally include.

SOLOMON.RAJ (advocate/director)     02 February 2019

Not neccessarily both the sections be included to constitute an offence under section 420 of the IPC


Solomon Raj 
Advocate
High Courts of Andhra & Telangana
Bharat Gaurav Samman Awardee
Email: justiceleague367@yahoo.com
rajcarey@yahoo.com
phone 9866545086

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