What is Section 420 IPC Bare Act?
Section 420 IPC Bare Act is the exact text of the Section 420 of the Indian Penal Code (IPC 420), passed by the Indian legislature or Parliament. Thus, it is a replica of the original Section 420 of the Indian Penal Code available to the people of India by the Indian legislature or Parliament.
Section 420 IPC Bare Act (As Per the Indian legislature or Parliament)
Cheating and dishonestly inducing delivery of property.— Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What is Section 420 IPC
Section 420 IPC (IPC 406) defines cheating as an act committed by a person who, by deceiving another person, fraudulently or dishonestly induces the person to deliver any property to any person or to make, alter, or destroy the whole or any part of a valuable security, will, or other document. This section 420 IPC defines the crime of cheating and provides punishment for the offense.
Section 420 IPC (IPC 420) is one of the most commonly used provisions to prosecute acts of cheating and fraud. IPC 420 is a provision that is often used in cases where an individual dishonestly induces another person to part with their property or money through fraudulent means. The section 420 IPC covers a wide range of activities that are intended to deceive and defraud another person.
The offence under Section 420 IPC can be committed in various ways, such as by using false pretenses, making false promises, or misrepresenting facts. The section applies to individuals, as well as companies and organizations that engage in fraudulent activities.
Essential Elements of Section 420 IPC
The following essential elements must be present for an act to be considered as cheating under Section 420 IPC:
- Dishonest intention: The accused must have a dishonest intention to cheat or defraud the victim.
- Fraudulent or dishonest act: The accused must have done an act which is fraudulent or dishonest in nature, with the intention to deceive the victim.
- Inducement: The accused must have induced the victim to deliver any property, or to make, alter, or destroy a valuable security, will, or other document.
- Wrongful gain or loss: The accused or any other person must have gained or lost by such inducement.
- Fraudulent or dishonest representation: The accused must have made a fraudulent or dishonest representation to the victim.
- Delivery of property or money: The victim must have delivered property or money to the accused based on the fraudulent or dishonest representation.
- Valuable security or instrument: The accused must have made, altered, or destroyed any valuable security or instrument.
Examples of Section 420 IPC
Here are some examples of cases where the offence of cheating and dishonestly inducing delivery of property under Section 420 IPC may apply:
- A person sells a car to another person knowing that the car has a major defect, but conceals this information from the buyer. The buyer pays the full amount for the car based on the seller’s false representation, and later finds out about the defect. In this case, the seller has committed the offence of cheating and dishonestly inducing delivery of property.
- An insurance agent misrepresents the terms of an insurance policy to a customer, inducing the customer to purchase the policy. The customer pays the premium for the policy based on the agent’s false representation, but later finds out that the policy does not cover the risks that were promised. In this case, the agent has committed the offence of cheating and dishonestly inducing delivery of property.
- One of the most common examples of Sec 420 IPC offences is investment fraud. This is where an individual or company induces others to invest their money in a fraudulent scheme. The offender may offer high returns on investment and promise guaranteed profits, but in reality, there is no real investment opportunity. The offender may also use fake documents, such as bank statements or investment reports, to convince the victim to invest.
- With the rise of e-commerce, online shopping fraud has become increasingly prevalent. In this type of offence, the offender sets up a fake online store and advertises products for sale. The victim makes a payment online, but the product is never delivered. The offender may also use stolen credit card details to make purchases online, without the victim’s knowledge.
- Employment fraud is another common example of Sec IPC 420 offences. In this type of offence, the offender poses as a recruiter or job placement agency and offers job opportunities to unsuspecting victims. The victim is required to pay a fee to secure the job, but the job does not exist. Alternatively, the offender may offer a job and then ask the victim to pay for training or equipment, which is unnecessary and not required for the job.
- Fake certificates and degrees is another common example of Sec 420 IPC offences. The offender may offer fake certificates or degrees to individuals who are looking to further their education or job prospects. The offender may create fake certificates or degrees and sell them to unsuspecting victims. This is a serious offence and can have far-reaching consequences, as it can result in the victim being disqualified from further education or job opportunities.
- Real estate fraud is another common example of Sec 420 IPC offences. In this type of offence, the offender may pose as a real estate agent or developer and offer to sell properties to unsuspecting victims. The properties may not exist, or the offender may have no right to sell the property. The offender may also take payments from multiple victims for the same property, leaving the victims with nothing.
Section 420 IPC Punishment ?
Section 420 IPC (IPC 420) prescribes punishment for cheating and dishonestly inducing delivery of property. The punishment for the offence under Section 420 IPC is imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Is IPC 420 Bailable or Not?
Section 420 IPC (IPC 420 ) is a non-bailable offence, meaning that the accused cannot be released on bail as a matter of right. However, the court has the discretion to grant bail in certain circumstances, such as when the accused is a woman, a juvenile, or when there are reasonable grounds to believe that the accused is not guilty of the offence charged.
The court will consider factors such as the seriousness of the offence, the likelihood of the accused absconding or tampering with evidence, and the accused’s criminal history before deciding whether to grant bail or not.
Factors Affecting Decision of Bail Under Section 420 IPC
The decision whether to grant bail to an accused in Section IPC 420 case depends on various factors. Some of the key factors that influence the decision are:
- Severity of the offence: The severity of the offence is an important factor in determining whether bail should be granted or not under Section IPC 420. If the offence is of a serious nature, the court is less likely to grant bail.
- Nature of the offence: The nature of the offence is also a critical factor in determining whether bail should be granted or not under Section IPC 420. If the offence is of a heinous nature, the court is less likely to grant bail.
- Criminal record of the accused: The criminal record of the accused, if any, is another important factor that the court considers. If the accused has a history of similar crimes or has a tendency to abscond, then the chances of getting bail from the court are less under Section IPC 420.
- Seriousness / Strongness of the evidence: The seriousness of the evidence against the accused is an important factor which is considered by the court. When the evidence against the accused is strong, the chances of getting bail from the court are less under Section IPC 420.
- Cooperation of the accused: The cooperation of the accused in the investigation is another important factor that the court considers. If the accused is cooperating with the investigation, the court may be more likely to grant bail under Section IPC 420.
Section 420 IPC Compoundable or Not?
Section 420 IPC is a compoundable offence, which means that the complainant (victim) and the accused can come to a mutually agreed settlement and the case can be withdrawn with the permission of the court.
However, this is subject to certain conditions such as the nature of the offence, the consent of the court, and the public interest.
In some cases, the court may refuse to permit the withdrawal of the case even if the parties have reached a settlement, particularly if the offence is of a serious nature or if the public interest is involved.
Factors Affecting Compound-Ability
The decision whether a case under this section can be compounded or not depends on various factors. Some of the key factors that influence the decision are:
- Nature of the offence: The nature of the offence is an important factor in determining whether the case can be compounded or not. If the offence is of a serious nature, the court is less likely to allow the case to be compounded under Section IPC 420.
- Public interest: The court considers the public interest in deciding whether a case can be compounded or not. If the court is of the view that compounding the case is not in the public interest, the court is less likely to allow the case to be compounded under Section IPC 420.
- Consent of the State: The State is the one that prosecutes the offender in a case under Sec 420 IPC. Therefore, the consent of the State is necessary for the case to be compounded. If the State does not give its consent, the case cannot be compounded under Section IPC 420.
- Compensation to the victim: The court may allow a case to be compounded under Section IPC 420, if the accused pays compensation to the victim. The compensation must be adequate and reasonable, and the victim must agree to accept it.
Section 420 IPC Cognizable or Not?
Yes, the offence under Section 420 IPC (IPC 420) is considered a cognizable offence, which means that the police can arrest the accused without a warrant and start the investigation into the case as soon as they receive a complaint from the victim or any other person who has knowledge of the offence.
Once the police have started the investigation, they are required to follow the procedure prescribed under the CrPC, which includes recording the statements of witnesses, collecting evidence, and conducting a thorough investigation into the case. The police are also required to submit a charge sheet to the court if they find enough evidence to support the charge of the offence under Sec 420 IPC (IPC 420).
Section 420 IPC Judgments / Rulings
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