420 IPC

Section 420 of the Indian Penal Code (IPC) is a provision that deals with the offense of cheating and dishonestly inducing the delivery of property. It is a non-bailable offense with a maximum punishment of seven years of imprisonment and a fine. Let's take a closer look at Section 420 of the IPC. 

About 420 IPC

According to Section 420, "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." In simple terms, this section applies to cases where someone deceives another person intending to take their property or make them part with their property. The deception can be in the form of a false promise, misrepresentation, or concealment of material facts. The offense of cheating under Section 420 is a cognizable and non-bailable offense. This means that the police can arrest the accused without a warrant and that the accused cannot be released on bail as a matter of right. Bail can only be granted at the discretion of the court. It is important to note that the cheating offense under Section 420 is a specific offense and not a general offense. This means the accused must have specifically induced the victim to deliver their property or valuable security. Mere breach of contract or non-payment of debt does not constitute an offense under this section.

Overview of 420 IPC

It means Section 420 of the Indian Penal Code (IPC) deals with Cheating and dishonestly inducing the delivery of property. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 years and a fine³. 

Offense	Cheating or dishonestly, partial or entire, destruction or alteration of a valuable security
Penalty	7 Years + Fine
Cognizable or Non- cognizable	Cognizable
Bail or Non- bailable	Non-Bailable
Triable or not	Magistrate First Class

(Source: sundarbanpolicedistrict.org)

Element for Establishing Offence under Section 420, IPC

For a person to be held guilty for the offense of ‘cheating and dishonestly inducing delivery of property under Section 420, IPC, it is essential for the prosecution to necessarily prove the following ¹:

1. Nature of the criminal act under Section 420, IPC: The criminal act for the purpose of Section 420, IPC is that as a result of the representation made by the accused, the complainant was induced to deliver any property or valuable security or to do or omit to do anything which he would not have done or omitted if such representation had not been made.

2. Dishonest intention: The accused must have had dishonest intentions when making such representation.

3. Delivery of property: The complainant must have delivered any property or valuable security or done or omitted to do anything he would not have done or omitted if such representation had not been made.

4. Causation: The delivery of property or valuable security or doing or omitting to do anything by the complainant must have been caused by such representation.

The procedure for trial and proceedings in relation to offenses under Section 420 IPC are governed by the provisions of the Criminal Procedure Code (CrPC) ². 

Source

(1) Section 420 of the Indian Penal Code - Wikipedia. https://en.wikipedia.org/wiki/Section_420_of_the_Indian_Penal_Code.

(2) SECTION 420 IPC - Indian Penal Code - LawRato.com. https://lawrato.com/indian-kanoon/ipc/section-420.

(3) Section 420 IPC: Cheating and dishonestly inducing delivery of propert. https://blog.finology.in/Legal-news/section-420-ipc.

(4) J U D G M E N T - Supreme Court of India. https://main.sci.gov.in/supremecourt/2020/14906/14906_2020_39_1501_26894_Judgement_12-Mar-2021.pdf.

(5) Latest judgments of the Supreme Court on Section 420 IPC. https://blog.ipleaders.in/latest-judgments-of-the-supreme-court-on-section-420-ipc/.

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