Published on: 06 October 2022 at 18:37 IST
Court – Supreme Court of India
Citation – Vijay Kumar Ghai v. State of WB 2022
Hon’ble Supreme Court of India has held that Section 420 of the Indian Penal Code 1860 is for a serious form of cheating that includes inducement (to lead or move someone to happen) in terms of delivery of property as well as valuable securities.
It is held that under this Section matters where the destruction of the property is caused by the way of cheating or inducement can also be included wherein the punishment for cheating may extend to 7 years.
Para – 59
To establish the offence of cheating in inducing the delivery of property, the following ingredients need to be proved:—
- The representation made by the person was false.
- The accused had prior knowledge that the representation he made was false.
- The accused made false representation with dishonest intention in order to deceive the person to whom it was made.
- The act where the accused induced the person to deliver the property or to perform or to abstain from any act which the person would have not done or had otherwise committed.
Drafted By – Abhijit Mishra
Key Words – Inducement, Dishonest Intention, False Representation, Prior Knowledge, Valuable Securitites.