Cheating and Invalid Marriages | Legal Reasoning for CLAT PDF Download

Section 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.

Illustrations

• 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.
• A, by putting a counterfeit mark on an article, intentionally deceives Z into believing that his article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
• 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.
• A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
• A, by pleading as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
• A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.
• A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats.
• If A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat but is liable only to a civil action for breach of contract.
• A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
• A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.

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, 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.

Illustrations

• A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
• A cheats by pretending to be B, a person who is deceased. A cheats by personation.

Under this section, a person commits cheating when he pretends to be some other person, real or imaginary (e.g., false representation as to caste, marital status, economic status, voter in an election, etc.). The person may pretend so by word, act, sign, or dress. The offence is committed provided some gain has accrued or some loss is incurred by either party.

• Example: Where the accused, representing himself to be B at a university examination, got a hall-ticket under the examinee's name and wrote papers in B's name, it was held that the accused had committed cheating by personation and the offence of forgery.
• Example: A personated as B at the examination, passed it, and obtained the certificate in B's name. B then applied to have his own name entered in the list of candidates for Government service. In this case, A is liable for cheating under Section 416, and B is liable for attempting to cheat because he applied for entering his name in the list of candidates.

Securing appointments from Government officials by producing fake letters from Ministers and also by posing to be the brother of a Minister, has been held to constitute an offence of cheating by personation, and of forgery.

Section 418: Cheating with Knowledge That Wrongful Loss May Ensue to a Person Whose Interest the Offender is Bound to Protect

Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by legal contract, to protect, shall be punished with imprisonment of up to 3 years, or fine, or with both.

This section deals with cheating a guardian, a trustee, a pleader, an agent, or manager of a Hindu family or by directors or managers of a bank in fraud of the shareholders and depositors.

• Example: Where a false balance sheet is shown with an intent to secure or renew the deposits for the company, the culprits are guilty under Section 418.

Section 420: Cheating and Dishonestly Inducing Delivery of Property

This section deals with certain specified classes of cheating. It deals with the cases of cheating whereby the deceived person is dishonestly induced:

• To deliver any property.
• To make, alter, or destroy:
  a. The whole or any part of a valuable security, or,
  b.Anything which is signed or sealed and which is capable of being converted into a valuable security.

Key Difference Between Section 415 and Section 420:

• Where, in pursuance of the deception, no property passes but inducement is generated in the mind, the offence comes under Section 415 (Simple cheating).
• Where, in pursuance of the deception, property is delivered, the offence is punishable under Section 420.
• Section 415 deals with cheating, but Section 420 deals with that species of cheating which involves delivery of property or destruction of valuable security.
• Punishment for an offence under Section 415 is one year (Section 417), while under Section 420, it is up to 7 years' imprisonment.

In every case when property is delivered by a person cheated, there must always be a stage where the person makes up his mind to give the property on accepting the false representation made to him. It cannot be said that in such cases the offender can only be tried for the simple offence of cheating under Section 417 and cannot be tried under Section 420 because the person cheated parts with his property subsequent to making up his mind to do so.

Section 493: Cohabitation Caused by a Man Deceitfully Inducing a Belief of Lawful Marriage

Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 496: Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Question for Cheating and Invalid Marriages

Try yourself:

What is the key difference between Section 415 and Section 420 in terms of cheating?

• A.

  Section 415 deals with cases where property is not delivered, while Section 420 deals with cases where property is delivered.
• B.

  Section 415 deals with cases involving valuable securities, while Section 420 deals with cases of simple cheating.
• C.

  Section 415 deals with cases of cohabitation induced by deceit, while Section 420 deals with cases of fraudulent marriage ceremonies.
• D.

  Section 415 deals with cases punishable by up to 7 years' imprisonment, while Section 420 deals with cases punishable by one year of imprisonment.

Explanation

- Section 415 pertains to cases where no property is passed but inducement is generated, while
- Section 420 deals with cases where property is delivered to the deceiving party.

Report a problem

Cancel Report

View Solution

Section 494: Bigamy

Marrying Again During Lifetime of Husband or Wife:
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception:
This section does not extend to any person:

1. Whose marriage with such husband or wife has been declared void by a court of competent jurisdiction.
2. Who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been:
   • Continually absent from such person for the space of seven years, and
   • Shall not have been heard of by such person as being alive within that time.

Provided:
The person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.