Deceiving any Person under IPC
- This topic has 5 replies, 2 voices, and was last updated 3 years, 1 month ago by .
- Topic
- Replies
In easy words deceiving refers to causing to believe what is false, or misleading as to a matter of fact, or leading into error. Hence, whenever an individual fraudulently represents as an existing fact that which is not an existing fact, he commits this offence. A wilful misrepresentation of a definite fact with intent to defraud, cognizable by the sense – as where a seller represents the quantity of coal to be fifteen cwt. and actually is of nine cwt. but so beautifully packed to look amounts to deceiving.
Deception is a vital ingredient for the offence of cheating under both parts of this section. It is therefore, very necessary for the complainant to prove that the inducement had been caused by the deception exercised by the accused. Such deception must necessarily produce the inducement to part with or delivery property, which the complainant would not have parted with or delivered, but from the inducement resulting from deception.
Bu reading of the provision itself, it is very clear that there must be no dishonest concealment of facts. In simple words, non – disclosure of relevant data would also in turn be treated as a mis – representation of facts leading to deception. It is also necessary to prove that the representation was false to the knowledge of the accused and was made in an order to deceive the complainant.
It is not necessary that the false pretence should be made in express words; it can be inferred from all the circumstances attending the obtaining of the property, or from conduct.
When in case an individual has knowledge that the statement made by another are false, but still acts upon them with a view to entrap that person, the accused will be guilty not of the principal offence but of attempt to commit it.
~ Pranjali PandyaIn general language the word ‘deceive’ means ‘to cheat someone’.
Thus, under Section 415 of Indian Penal Code, ‘deceiving any person’ means to make someone to do or not to do something or to induce that person which would result in harm or loss to that person is considered as cheating.
In other words,
A intentionally deceives B into a belief that A means to repay any money that B may lend to him and thereby dishonestly induces B to lend him money. A not intending to repay it. A cheats.
A intentionally make C believe that A has performed his part of work of the contract which A actually didn’t, thereby induces C to perform his part of the contract. Here A cheatsAccording Sec 420 of IPC when a person cheats, he / she shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
~ Isha AggarwalQuestion: What does “deceiving any person” provided under Section 415 of IPC mean?
“Deceiving any person” is provided under the purview of Section 415 of Indian Penal Code. It is one of the ingredients of “Cheating” other than fraud and dishonesty. Here ‘to deceive’ is the ultimate motive whereas ‘fraudulently’ and ‘dishonestly’ are used to describe the intention. Deceiving contributes to either dishonest misrepresentation or dishonest concealment of factual truth.
Moreover, the meaning of deception, derived from this section is the quintessence of the offence provided in Section 420 of IPC as ‘cheating’ is one of the most essential ingredients to attract section 420. Making a false representation is part of deceiving as well as cheating both in Section 415 and 420 of IPC.
~ Shubhangi GehlotThe vocabulary meaning of “deceiving a person” simply means “To deceive means to trick or lie”. However, in legal sense the meaning is much deeper and defined than that. Law bifurcates the essence of the deceiving a person into three categories. For example- A, sold an article to B saying that it is made up of silver when it is not, intentionally deceives him and thus commits the offence of cheating.
First, fraudulently inducing a person, for delivery of a property. According to section 25 of I.P.C. “a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.”
Second, dishonestly inducing a person, for retention of property. According to section 24 of I.P.C. “when the doing of any act or not doing of any act causes wrongful gain of property to one person or a wrongful loss of property to a person, the said act is done dishonestly.”
Third, intentionally do something or omit to do and the damage or harm caused due to the act or omission of it. If a person knows that the argument made by another is false, but still acts upon them in order to apprehend that person, the accused may not be guilty of the main crime, but of attempting to commit it.According to Section 420 of the I.P.C., if a person cheats, he/she is punishable by imprisonment of any description for a period of up to seven years and is also liable to be fined.
Section 415 of the Indian Penal code states the definition of ‘cheating’. It says, ‘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”’.
Deceiving hereby means, representing yourself to be someone different to avail undue benefit from it, thus causing harm to the deceived. Representing something as yours which is not and getting undue benefit out of it. Pretending to not know a fact that a person knows to be true so as to tend to his selfish interests. Intentionally hiding something or a part of a story. Lying and making the opponent believe that I will keep up to my promise without any intention of doing so. Breaking someone’s trust. These are the things that come under ‘deceiving’ in the definition of cheating.
In short, giving someone a false hope with the use of wrongful methods such as lying or hiding facts or committing a fraud to unduly benefit out of them for the selfish interests is deceiving.
Let’s take an example that will combine all of these for our better understanding. Ramesh is a law student but he represents himself as his friend Amay who is a law graduate. He then applies for a job in a law-firm and gets accepted. Due to some personal issues between him and the employer, he conveys outside the firm that the employer is accepting law students due to which the reputation of the firm is at stake. This is clearly a fraudulent behaviour with dishonest intentions of getting the salary without any proper certification or even though he is incompetent. Also, he puts the reputation of the firm in danger due to personal issues. The employer wouldn’t have agreed to this if it wasn’t for the deceiving. This case is clearly a case of cheating.
- You must be logged in to reply to this topic.
