Offences against Property
Cheating (Section 415) -
Whoever, by deceiving any person,
a) fraudulently or dishonestly induces the person so
deceived
i) to deliver any property to any person, or
ii) to consent that any person shall retain any property,
or
b) 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".
It is thus clear that cheating can be caused in two ways, as
in (a) and (b) shown above; but both must be deception.
In (a), there is delivery of property for which punishment is
provided in Section 420 [Imprisonment for 7 years and
fine].
In (b), no transfer of property occurs, and the penalty is laid
down in Section 317 [Imprisonment for 1 year or fine or
both].
In (a), the inducement encouragement must be fraudulent
or dishonest.
In (b), the inducement must be intentional.
• Term property means both movable or immovable.
• Illustration: A, sold an article to B saying that it is
made up of gold when it is not, intentionally deceives
him and thus commits the offence of cheating.
Illustrations –
a) A, by falsely pretending to be in the Civil Service,
intentionally deceives Z, and thus dishonestly induces Z to
let him have on credit goods for which he does not mean to
pay. A cheats.
b) A, by putting a counterfeit mark on an article,
intentionally misleads Z into a belief that this article was
made by a certain celebrated manufacturer, and thus
dishonestly misleads Z to buy and pay for the article. A
cheats.
c) A, by exhibiting to Z a false sample of an article
intentionally deceives Z into believing that the article
corresponds with the sample, and thereby dishonestly
induces Z to buy and pay for the article. A cheats.
(e) A, by pledging as diamond articles which he knows are
not diamonds, intentionally deceives Z, and thereby
dishonestly induces Z to lend money. A cheats.
• Mere breach of contract cannot give rise to the
criminal prosecution for cheating unless fraudulent or
dishonest intention is shown right at the beginning of
the transaction.
S. 416 Cheating by personation
Ingredients:-
1) Accused pretended to be some other person
2) Accused knowingly substituted one person for another
3) Accused represented that he is or any other person is
other than the person is reality
4) By doing so accused cheated ( All ingredients of
Section 415) another.
Punishment prescribed in Section 419.
Illustrations:-
• Use of Railway seasonal ticket in name of another is
offence under this section.
• Getting admit card in name of another and appearing
at the examination purporting to be in in his name.
Cheating and Criminal Misappropriation distinguished –
1) As to possession of property –
In criminal misappropriation, as in criminal breach of
trust, the original reception of property is legal, the
dishonest conversion takes place subsequently.
In cheating, deception is practiced to get possession
of the thing.
2) As to intention –
In criminal misappropriation, the intent is to
dishonestly misappropriate or convert property to
one’s own use;
In cheating, the intent is fraudulently or dishonestly
to induce the deceived person to deliver property.
3) As to property –
In criminal misappropriation, the property
misappropriated must be movable,
Whereas, any property, movable or immovable, can
be the subjective matter of cheating.
4) As to mode of obtaining property –
In criminal misappropriation, the offender is already in
possession of property. There is no invasion of
possession,
Whereas in cheating, any property is induced to be
delivered or any damage or harm is done to property.
425. Mischief.
Whoever with intent to cause, or knowing that he is likely to
cause, wrongful loss or damage to the public or to any
person, causes the destruction of any property, or any such
change in any property or in the situation thereof as
destroys or diminishes its value or utility, or affects it
injuriously, commits "mischief".
The essential ingredients of mischief are as follows—
(1) Intention or knowledge of the likelihood to cause
wrongful loss or damage to the public or to any person.
(2) Causing the destruction of some property or any change
in it or in its situation; and
(3) Such destruction or change must destroy or diminish its
value.
Illustrations:-
• A introduces water in to an ice-house belonging to Z
and thus causes the ice to melt, intending wrongful
loss to Z. A has committed mischief.
• A voluntarily throws into a river a ring belonging to Z,
with the intention of there by causing wrongful loss to
Z. A has committed mischief.
mere negligence is not mischief. Negligence followed with
intention to cause wrongful loss or damage will amount to
mischief.
426. Punishment for mischief.--Whoever commits mischief
shall be punished with imprisonment of either description for
a term which may extend to three months, or with fine, or
with both.
Illustrations:-
A landlord cuts off the electric connection of his tenant with
a pair of scissors as the tenant had refused to pay the
enhanced electric charges demanded by him. The landlord
has committed offence of mischief.
The Supreme Court held that the cutting off of the electric
connection, which was done was with the intention of
causing wrongful loss to the opposite parties and the same
had resulted in causing such destruction of the property or
such change in the property or diminution in its value or
utility so as to clearly come within the definition of mischief.
