Indian Penal Code,1860
Act No : 45
Section :
Cheating.
415. Cheating.--Whoever, by deceiving any person, fraudulently ordishonestly induces the person so deceived to deliver any property toany person, or to consent that any person shall retain any property,or intentionally induces the person so deceived to do or omit to doanything which he would not do or omit if he were not so deceived, andwhich act or omission causes or is likely to cause damage or harm tothat person in body, mind, reputation or property, is said to "cheat". Explanation.-A dishonest concealment of facts is a deceptionwithin the meaning of this section. Illustrations (a) A, by falsely pretending to be in the Civil Service,intentionally deceives Z, and thus dishonestly induces Z to let himhave on credit goods for which he does not mean to pay. A cheats.----------------------------------------------------------------------1. The words "the" and "offence of" rep. by Act 12 of 1891, s. 2 and Sch. I and Act 8 of 1882, s. 9, respectively.2. Ins. by Act 8 of 1882 s. 9.3. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".4. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".----------------------------------------------------------------------196 (b) A, by putting a counterfeit mark on an article, intentionallydeceives Z into a belief that this article was made by a certaincelebrated manufacturer, and thus dishonestly induces Z to buy and payfor the article. A cheats. (c) A, by exhibiting to Z a false sample of an articleintentionally deceives Z into believing that the article correspondswith the sample, and thereby dishonestly induces Z to buy and pay forthe article. A cheats. (d) A, by tendering in payment for an article a bill on a housewith which A keeps no money, and by which A expects that the bill willbe dishonoured, intentionally deceives Z, and thereby dishonestlyinduces Z to deliver the article, intending not to pay for it. Acheats (e) A, by pledging as diamond articles which he knows are notdiamonds, intentionally deceives Z, and thereby dishonestly induces Zto lend money. A cheats. (f) A Intentionally deceives Z into a belief that A means torepay any money that Z may lend to him and thereby dishonestly inducesZ to lend him money, A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means todeliver to Z a certain quantity of indigo plant which he does notintend to deliver, and thereby dishonestly induces Z to advance moneyupon the faith of such delivery. A cheats; but if A, at the time ofobtaining the money, intends to deliver the indigo plant, andafterwards breaks his contract and does not deliver it, he does notcheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performedA's part of a contract made with Z, which he has not performed, andthereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that inconsequence of such sale he has no right to the property, sells ormortgages the same to Z, without disclosing the fact of the previoussale and conveyance to B, and receives the purchase or mortgage moneyfrom Z. A cheats.
