Posted November 10, 2013 by advocateguru in Learning Centre
 
 

Cheating

Cheating’ is defined in Section 415, which can be put in its analytical form thus:

Whoever, by deceiving any person: (1) fraudulently or dishonestly induces the person so decided: (a) to deliver any property; or (b) to consent that any person shall retain any property; or (2) (a) 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 (b) which act or omission causes or is likely to cause damage or harm to that person in body, min, reputation or property is said to ‘cheat’.

Important Ingredients of Deception and Inducement

One of the initial ingredients which have to be proved to establish the offence of cheating is deception, which must precede and thereby induce the other person to either (a) deliver or restrain property; or (b) to commit the act or omission referred to in the second part of Section 415.

Wilful Representation and Cheating

When there is a wilful representation with intent to defraud, it has been held to amount to cheating. To establish the offence, however, what is important is to see whether the misrepresentation was false to the knowledge of the accused at the time when it was made.

Inducement

The second essential ingredient to the offence of cheating is the element of ‘inducement’ leading to either delivery of property of doing an act or omission as pointed out earlier. Section 415 clearly shows that mere deceit is not sufficient to prove the offence. Likewise committing something fraudulently or dishonestly is also not sufficient. The effect of the fraudulent or dishonest act must be such that it induces the person deceived to deliver property or do something.


advocateguru