Section 415 of the Indian Penal Code

Cheating is that offense which is understood even by a layman. Often people use the term ‘cheating’ whereby they mean something to be deceitful or fraudulent. Cheating is considered as a wrong act when done, even in some of the trivial issues. Section 415 of IPC (India Penal Code), 1860 defines ‘Cheating’ and this article would be discussing the legal definition and legal aspect of the offense of cheating.

Section 415 – Cheating

Cheating is defined under Chapter XVII which deals with ‘Offences against Property‘ under Section 415 as follows-

Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.[1]

From the above-mentioned definition, some of the basic elements of cheating are as follows-

Fraudulently  

The act should either be fraudulent or dishonest to be termed as under the offense of cheating. The term ‘fraudulently’ is defined under Section 25 of the IPC.

“A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.”[2]

Acting dishonestly

The intention of the wrongdoer in every criminal offense is of great importance. Therefore, in cheating, also the person who commits the offense should act dishonestly. The term ‘dishonesty’ is defined under Section 24 of the IPC.

“Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.[3]

Property

Section 415 comes under Chapter XVII, which makes the offense of Cheating that is committed against property.

Deceive

The accused must deceive the person in such a way that he is induced to deliver any property or gives consent to the accused to retain a property that he posses. Also, it is very important to note down here that the deception should be with a dishonest or fraudulent intention.[4]

All the elements of cheating specified under Section 415 should be connected to each other in order to make an offense of cheating.

As per the Supreme Court very clearly held that the crux of the offense of cheating is the intention of the person who induces the victim of his representation. The nature of the transaction is irrelevant, which would become decisive in discerning whether there was the commission of an offense or not.[5]

The Supreme Court in a case held that in order to convict a person under the offense of cheating there should be the pre-existing fraudulent or dishonest intention of the accused from the beginning whereas in case of breach of contract the dishonest intention is generally not present at the beginning of the agreement. [6]

Punishment of Cheating

Cheating is punishable under section 417, and the punishment for cheating is imprisonment up to 1 year or fine or both. [7]Imprisonment depends upon the cheating and quantum of the act. If the act is grave, imprisonment and fine, both can be awarded. Whereas, when the act committed is not grave imprisonment is generally not imposed.

Difference between Cheating and Fraud

The offense of cheating and fraud are almost similar, and therefore, sometimes there is confusion between the two. It is very important to know the differences between the two.

1. The offense of Cheating is mentioned under section 415-420 of the Indian Penal Code, 1860, whereas, fraud is mentioned under 421-424 of the Indian Penal Code, 1860.
2. Usually, cheating is committed to obtaining some advantage from a person. Fraud is committed to gain an advantage by another’s loss.
3. Fraud basically is confined to contract cases, but cheating has a wide ambit.

Conclusion

The offense of Cheating, which is very common, includes two main elements, that is deception and inducement. Sometimes cheating is confused with fraud or other civil or criminal offense, but it differs from all of them in one way or the other. Therefore, the conceptual understanding of the offense of cheating becomes very important. Apart from section 415, another section related to cheating are also important.

[1] Indian Penal Code, 1860, s. 415.

[2] Indian Penal Code,1860, s. 25.

[3] Indian Penal Code, 1860, s. 24.

[4] A. Pareed Pillai v State (1973) SC 326.

[5] Rajesh Bajaj v. NCT of Delhi and Ors. (1999) SC 1216.

[6] S.W. Palanitkar V. State of Bihar 2001(10) TMI 1150.

[7] Indian Penal Code, s. 417.

Ten Difficult Things About Law Of Limitation In India

Introduction To Law of Limitation In India

As the name suggests, ‘Law of Limitation’ puts a time limit on the filing of a suit, appeal or application. Basically, it is a time limit for an aggrieved person to approach the court for Justice. However, if a party files a suit after the expiration of the time limit, the suit will be struck by the Law of Limitation. Section 2(j) of the Act defines ‘period of limitation’ as the prescribed period for any suit, appeal or application by schedule. Also, ‘prescribed period’ means the period of limitation computed in accordance with the provision of the Act.

First time Law of Limitation was introduced in the Limitation Act, 1859. Subsequently, in 1963; Limitation Act, 1963 amended the earlier act. Its purpose was to consolidate and amend the provision regarding limitation on the suit and legal proceedings.

Section 3: Bar of Limitation

Section 3 of the Act puts a time limitation on the filing of a suit, appeal or application. Various subsection enumerates the condition in which section 3 operates, which are as follows;

• Section 3(1) is negative in approach. Whereas it lays down the exception to section 3, it also debars the filing of a suit, appeal or application beyond the prescribed period. Subsection 1, in short, covers every kind of suit except which are expressly declared under section 4 to section 24 of the act. The last part of this subsection “although limitation has not been set up as a defense’ is of most important. It states that even when a party does not raise the defense of limitation, the suit will automatically attract the provision of this act.
• Section 3(2)(a) of the act provides for the time when various suits are instituted. Different scenarios are given in which the institution of a suit is discussed. Such as, in an ordinary case, on the date when the complainant presents the application before the proper officer.
• Section 3(2)(b) talks about the claim by way of set-off or counterclaim. The date of the institution of the suit the date on which such claim comes before the court

Doctrine of Limitation

The main objective of the enactment is to give effect to ‘interest republican ut sit finis litium’. According to the maxim,  it is in the interest of the state to finish litigation. There are two major broad considerations working behind the Doctrine of Limitation which are:

• That, the rights which are not exercised for a long time are said to be as non-existent.
• That, the rights which are related to property and rights which are in general should not be in a state of constant uncertainty, doubt and suspense.

The intention of the legislature behind accepting the concept is very simple. ” Controversies are restricted to a fixed period of time, lest they should become immortal while men are mortal.”

The Exception to the Rule

Section 5: Extension of Prescribed Period in Certain Cases

Section 5 of the Indian Limitation Act, enables the party to raise appeal after the expiration of the period. For example, if a party fails to file an appeal before the superior court within the time as originally fixed, the party still can move the court. Which means the party can move an application to the court under Section 5 of the act. However, to move an application under this section, the party has to show the ‘Sufficient Cause’ for non-filing of the application within the fixed time. The Ground for sufficient cause is the facts and circumstances of each case. It is the discretion of the court to accept or reject the application moved under this section.

The extent of section 5

While Section 5 of the act provides a back door entry to file an appeal, but the limit and extent of this section are not infinite. There are only certain types of matter which can attract this section;

• It is only applicable to the situation where the suit is already filed and pending before the court. Accordingly, if a  party does not file suit within the fixed time, the party cannot move an application under this section. The pendency of suit includes appeal and application.
• Likewise, this provision is applicable only on the suits which are exclusively pending before the Court. And, it is not applicable to the proceedings of Tribunals.
• Also, section 5 is not applicable if the party fails to file the execution petition within the time limit after passing of the decree and order.

Conclusion

The main objective of the Act is to put a bar on litigation. In the absence of such legislation, the adjournment of any suit will become impossible. And in such circumstances, the court will become meaningless. It is an integral part of Indian Legislation. However, in certain circumstances parties are unable to file an appeal before the court. It can be due to any personal, financial or health-related reasons. For aiding such bona fide issues, the Act provides the necessary provision in part II of the Act. And, the discretion is left with the courts to decide on the merits of the case.

5 Easy Ways To Facilitate To Checkout Before Buying A House

Want to shift to a new house? Want to be the owner of your own home? If yes, then you must check out this document before you buy a house. The first and the major concern of yours should behave we checked in with all the documents necessary to shift in or not?

It is a big task to get that dream home just as perfect as you want but it is not impossible if you truly take care of the below-mentioned checklist before you put your hands in your pocket to lose out some bucks.

Read Also: An Introduction to Intellectual Property Laws

1. Defects Liability Period (DLP)

More or less all the constructors/builders go through these terms called DLP. Here, they have notice contract, which ranges from a monthly period from 6 to 12 months. As per this contract, the builder is legally responsible to be there to look out for any minor defects seen in the construction process after handling the property to its owner. It is believed that this monthly period starts from the day of completion of the work. So, do have a clear conversation with the builder so that you can know what faults come under this clause.

 2. Ventilation

As this is the most important aspect a house must-have. You must take great care of it. Do check that the house that you are going to buy have proper access to cross-ventilation or not? Even do check that it must have enough space for the light to come inside the house.

3. Need for Power Back-up and Solar Panels

If you are aware then you must know that according to the rules of the present government, your house needs to have solar panels connected to the water heaters. Moreover, there must be some power back-up plans for emergencies.  

4. Water Leakage Problem

Malfunctioning water pipes, sanitary auxiliaries, and drainage pipelines can cause leakage problems which can cause damps on the walls and can lead to severe problems over the years. So, if you notice any sort of damp on the wall, ask the builder to get it done on an immediate basis.

 5. Ensure Crack Free House

Do not ignore this part as it is the most important aspect that you and your guests love to gaze in. The cracks are just not horror, but also can turn out to be an annoyance if left unnoticed.

 6. Rain Water Harvesting And Water Supply

Are you aware that the recent building codes instruct that the new buildings should have provision for the process of rainwater harvesting? Doing so can help to recycle water, by which one can make use   thousand liters of water which otherwise would go into waste

Do check into the house only if it has enough water supplies as you are paying for it.

 7. Waste Disposal Arrangements

There should be an arrangement for mini sewage and waste treatment plant inside the community premises. If the builder has failed to do this necessary act, then make sure that they have provided some other arrangements for sewage and waste disposal.

Moreover, if you do not find so then put this point forward to your builder that according to the Sewage Treatment Plant (STP), housing complexes that have fifty or more dwellings should have this system within the complex as it is made compulsory by the Pollution Control Board (KSPCB) in 2010.

8. Maintenance Team

There are times when you have to deal with a short circuit or a blocked toilet. So, in this case, the community must a maintenance team that can take care of all these needs of yours.  The team should be capable enough to handle any crisis situation at any given time of the day.

 9. Security

Don’t forget to miss out the most vital thing about your house and that is its safety.  The security system of the house you are purchasing should be strong enough that can take great care of the premises that you are living in and where your family members are residing. There should be sufficient installation of the CCTV (surveillance) cameras inside the buildings.

Keep a proper check that whether or not the fence and the wall around the property are in a good structure or not?

10. Open Areas and Parking Areas

Your dream house should have ample open space where there must be plantation on both sides of the house. If not both sides, there must enough greenery for you to breathe fresh air.  It should also have walkways and parks.

Along with it, there must be enough space for the parking.  Ensure that each flat has got a defined parking lot. And, there are parking spaces for your visitors as well which you should take great care to avoid embarrassment.

11. Paint and VOCs

Before you move into your new house, check with the builder that have they used paints or polishes that contain VOCs or have they used eco-friendly paints.

Check the external painting of your home as well which is essential to give your property a fresh look. Thus, make sure to ask this to your builder as it has a great impact on your property.

12. Lift and Other Necessary Items

Though it is not possible to determine that whether a lift is legal or not, it would be sensible to confirm that the builder has obtained the lifts from the listed companies and has fulfilled the standards as stated in the rulebook. You need to be aware of the capacity of the lifts that are installed in your apartment. It is asked for you to be aware so that you can avoid any sort of inconvenience.

Read Also: 5 Points To Consider Before Hiring Property Dispute Lawyers

Ensure that the appliances such as the chimney, and another sort of electrical fittings are according to standard quality as per the sale agreement.

And before you shift in do also give a check to things like taps, locks, showerheads, piping system, etc. If you won’t notice these things before shifting into your new house then there is a possibility that you will end up burning a hole in your pocket.

Read Also: Section 448 of IPC- Punishment for House Trespass

NOTE:

After gaining your property, ask the builder for the A ‘Khata’ which is a vital document for all property owners as it registers all your details such as details about your property,  the size of the property, its location, the built-up area of the building and so on. It is mainly needed for the identification of the person who is liable to pay property tax.