Cheating is a violation of the Indian Penal Code (IPC) that occurs when a person fraudulently or dishonestly causes another person to deliver any property or valuable security, or to do or omit to do something that they would not have done or omitted if they had not been fooled. The offence of cheating is defined under Section 415 of the IPC.
Cheating can take many forms, such as making false promises, misrepresenting facts, and withholding information.
Essential Elements of Cheating under IPC
- Deception: The offender must deceive the victim by making a false representation or by concealing a material fact.
- Inducement: The deception must be made with the intent of dishonestly inducing the victim to deliver property or to do or omit to do something that they would not have done otherwise.
- Delivery of Property or Action/Omission: The victim must have relied on the deception and delivered property or performed an action or omission that they would not have done otherwise.
- Intention to cause wrongful gain or loss: The offender must have acted with the intention of causing wrongful gain to themselves or wrongful loss to the victim.
Punishment of Cheating under IPC
- Cheating involving an amount of less than Rs. 1 Lakh: Imprisonment for a term that may extend up to 1 year or a fine or both.
- Cheating involving an amount of Rs. 1 Lakh or more but less than Rs. 5 Lakhs: Imprisonment for a term that may extend up to 3 years and a fine.
- Cheating involving an amount of Rs. 5 Lakhs or more but less than Rs. 10 Lakhs: Imprisonment for a term that may extend up to 7 years and a fine.
- Cheating involving an amount of Rs. 10 Lakhs or more: Imprisonment for a term that may extend up to 10 years and a fine.
