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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 :- IPC Section 463-Forgery, 464-Making a false document
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.
Cases Of IPC Section 420
There are some cases of section 420-
- Sarup Chand vs State on 6 September, 1973.
- Mohammed Kunji vs V.P.Andru on 30 January, 2009.
- State vs Radhakrishnan on 11 February, 2003.
- Narain vs State Of Rajasthan And Anr. on 6 February, 1997.
- Lohidasan vs The Inspector Of Police on 9 July, 2007.
- B.L. Khatri vs State Of Bihar on 19 August, 1980.
- A.V.S.Ganeshan vs State on 19 October, 2009.
- T.Selvaraj vs Central Government Through on 25 November, 2008.
- Vinod Kumar Jain vs State Through Central Bureau Of … on 16 May, 1990.
- 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