IPC Section 420- Bogus websites , Cyber Frauds

What Is IPC Section 420

According to the 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”.

Difference Between ‘Cheating’ and ‘Breach of Contract’

It depends upon the intention of the accused at the time of inducement which may be judged by his subsequent conduct, but for this subsequent conduct is not the sole test. Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offense is said to have been committed. Therefore, it is the intention of cheating which is the gist of the offense. To hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time of committing the act.

Also read :- Section 84, 84A, Modes or methods for encryption, 84B, 84C

Also read :- section 2(85) of companies act 2013 : Offence by Companies.

Also read :- IPC Section 503, Sending threatening messages by e-mail

Also read :- IPC Section 463-Forgery, 464-Making a false document

Also read :- IPC Section 509A, 509B, 509, Word, gesture or act intended to insult the modesty of a woman

Punishment For IPC Section 420

The maximum punishment for an offence under section 420 of IPC is imprisonment for a term which may extend to seven years, with or without monetary fine.

In popular culture

The term “420”(read as Char Sau Bees in Hindi) is used in India to refer to a confidence trickster. This section was also in use in other neighboring countries such as Pakistan, Myanmar, where the term 420 persists in popular culture to this date. In the Nigerian Criminal Code, the same offense is covered by article 419, which has now lent its name to the advance fee fraud.

The title of two popular Hindi films – Chachi 420 (in English: Trickster Aunt, a 1997 remake of Mrs. Doubt fire) and Shri 420 (in English: Mr. 420, a 1955 film), are direct references to Section 420 of the IPC.

Source: In popular culture.

Also read :- Section 71, Penalty for misrepresentation And Section 72, Breach of confidentiality and privacy

Also read :- Section 73, Publishing False digital signature certificates

Also read :- Section 74, Section 75 and Section 79, Publication for fraudulent purpose

Also read :- Section 77, Compensation, penalties or confiscation not to interfere with other punishment

Cases Of IPC Section 420

There are some cases of section 420-

  1. Sarup Chand vs State on 6 September, 1973.
  2. Mohammed Kunji vs V.P.Andru on 30 January, 2009.
  3. State vs Radhakrishnan on 11 February, 2003.
  4. Narain vs State Of Rajasthan And Anr. on 6 February, 1997.
  5. Lohidasan vs The Inspector Of Police on 9 July, 2007.
  6. B.L. Khatri vs State Of Bihar on 19 August, 1980.
  7. A.V.S.Ganeshan vs State on 19 October, 2009.
  8. T.Selvaraj vs Central Government Through on 25 November, 2008.
  9. Vinod Kumar Jain vs State Through Central Bureau Of … on 16 May, 1990.
  10. Suram Kiran Kumar Reddy And Ors. vs State Of A.P. And Anr. on 25 October, 2002.

 

Also read :- Section 65, Tampering with computer source Documents

Also read :-  Section 66, Hacking with computer systems , Data Alteration

Also read :- What Is Section 67, Publishing or transmitting obscene material in electronic form

Also read :- Section 69 IT act, Powers to issue directions for interception or monitoring or decryption.

Also read :- Section 70 of it act, Un-authorized access to protected system.

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