Section 420 of the Indian Penal Code - Revision history

Blshastri2 at 15:47, 15 April 2025

2025-04-15T15:47:43Z

← Older revision		Revision as of 21:17, 15 April 2025
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	{{short description\|Indian law related to cheating}}		{{short description\|Indian law related to cheating}}
	~~{{distinguish\|420 (cannabis culture)}}~~
	{{Use dmy dates\|date=November 2018}}		{{Use dmy dates\|date=November 2018}}
	{{Use Indian English\|date=November 2018}}		{{Use Indian English\|date=November 2018}}
			{{for\|the 2021 film\|420 IPC (film)}}
			In [[India]], '''Section 420''' of the [[Indian Penal Code]] (before its repeal by introduction of the [[Bharatiya Nyaya Sanhita]]) dealt with ''Cheating and dishonestly inducing delivery of property''. The maximum punishment was seven years imprisonment and a fine.<ref name=IK>{{cite web\|title=Section 420 in The Indian Penal Code\|url=http://hawkpanda.in/doc/1436241/\|website=Indian Kanoon website\|accessdate=16 May 2017}}</ref> Section 420 is now Section 318 of the Bharatiya Nyaya Sanhita.

	'''Section 420''' in the [[Indian Penal Code]] deals with ''Cheating'' and ''dishonestly inducing delivery of property''. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine.<ref name=~~IK>{{cite web\|title~~=~~Section 420 in The Indian Penal Code\|url~~=~~http://hawkpanda.in/doc/1436241/\|website~~=~~Indian Kanoon website\|accessdate=16 May 2017}}</ref>~~		==Description==

	~~==Definitions==~~		{{blockquote\|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, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable fine.}}

	~~:* '''Cheating~~ and ~~dishonestly inducing delivery~~ of ~~property~~.~~''': 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~~, ~~shall be punished with imprisonment~~ of ~~either description for a term which may extend to seven years, and shall also be liable fine~~.<ref name=~~"IK"~~ />		== Distinction between "cheating" and "breach of contract" ==
			The distinction between a mere "breach of contract" and the "offence of cheating" was a fine one. It depended upon the intention of the accused at the time of inducement which may be judged by subsequent conduct, but this subsequent conduct was not the sole test. Mere breach of contract could not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention was shown right at the beginning of the transaction, that is the time when the offence was said to have been committed. Therefore, it was the intention of cheating which was the gist of the offence. To hold a person guilty of cheating, it was necessary to show that they had fraudulent or dishonest intention at the time of committing the act.<ref name=IKRI>{{cite web\|title=Hridaya Rangan Pd. Verma And Ors vs State Of Bihar\|url=http://indiankanoon.org/doc/853800/\|website=Indian Kanoon\|accessdate=16 May 2017}}</ref>

	== ~~Distinction Between 'Cheating' and 'Breach of Contract' ==~~		== Distinction between "cheating" and "misrepresentation" ==
	Distinction between ~~mere 'breach of contract'~~ and the 'offense of cheating' is a fine one. 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 offence is said to have been committed. Therefore, it is the intention of cheating which is the gist of the offence. 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.<ref name=IKRI>{{cite web\|title=Hridaya Rangan Pd. Verma And Ors vs State Of Bihar\|url=http://indiankanoon.org/doc/853800/\|website=~~Indian Kanoon\|accessdate~~=~~16 May 2017}}</ref>~~

	~~== Distinction Between 'Cheating' and 'Misrepresentation' ==~~		A mere representation, which was neither claimed or alleged to be dishonest or fraudulent, would not attract the charge of cheating only because the complainant parts with their money on the basis thereof.<ref>{{cite web\|title=Abdul Fazal Siddiqui vs Fatehchand Hirawat And Another\|url=http://indiankanoon.org/doc/859661/\|website=Indian Kanoon\|accessdate=16 May 2017}}</ref>

	A mere representation, which is neither claimed or alleged to be dishonest or fraudulent would not attract the charge of cheating only because the complainant parts with ~~his~~ money on the basis thereof.<ref>{{cite web\|title=Abdul Fazal Siddiqui vs Fatehchand Hirawat And Another\|url=http://indiankanoon.org/doc/859661/\|website=Indian Kanoon\|accessdate=16 May 2017}}</ref>

	== Punishment of an offence under Section 420 ==		== Punishment of an offence under 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.<ref>{{Cite web\|url=https://www.lawyered.in/legal-disrupt/articles/section-420-ipc-everything-you-need-know/\|title=Section 420 IPC: Everything You Need To Know\|website=www.lawyered.in\|language=en-us\|access-date=2019-12-02}}</ref>		The maximum punishment for an offence under section 420 of IPC was imprisonment for a term up to seven years, with or without monetary fine.<ref>{{Cite web\|url=https://www.lawyered.in/legal-disrupt/articles/section-420-ipc-everything-you-need-know/\|title=Section 420 IPC: Everything You Need To Know\|website=www.lawyered.in\|language=en-us\|access-date=2019-12-02}}</ref>

	==In popular culture==		==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 offence is covered by article 419, which has now lent its name to the [[advance fee fraud]].<ref>[http://www.lawsofpakistan.com/cheating-forgery-in-pakistan-penal-code-ppc/ Cheating and Forgery in Pakistan Penal Code on lawsofpakistan.com website], Retrieved 16 May 2017</ref>		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 offence is covered by article 419, which has now lent its name to the [[advance fee fraud]].<ref>[http://www.lawsofpakistan.com/cheating-forgery-in-pakistan-penal-code-ppc/ Cheating and Forgery in Pakistan Penal Code on lawsofpakistan.com website], Retrieved 16 May 2017</ref>

	The title of two popular [[Hindi film]]s - [[Chachi 420]] (in English: Trickster Aunt, a 1997 remake of [[Mrs. Doubtfire]]) and [[Shri 420]] (in English: ''Mr. 420'', a 1955 film), are direct references to Section 420 of the IPC.		The title of two popular [[Hindi film]]s{{snd}} ''[[Chachi 420]]'' (in English: Trickster Aunt, a 1997 remake of [[Mrs. Doubtfire]]) and ''[[Shri 420]]'' (in English: ''Mr. 420'', a 1955 film){{snd}} are direct references to Section 420 of the IPC.

	== References ==		== References ==
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	{{Indian Penal Code navbox}}		{{Indian Penal Code navbox}}

	~~{{DEFAULTSORT:Penal Code}}~~
	[[Category:Sections of the Indian Penal Code]]		[[Category:Sections of the Indian Penal Code]]

->Wiki-uk at 21:27, 15 October 2021

2021-10-15T21:27:08Z

← Older revision		Revision as of 02:57, 16 October 2021
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	{{short description\|Indian law}}		{{short description\|Indian law related to cheating}}
	{{distinguish\|420 (cannabis culture)}}		{{distinguish\|420 (cannabis culture)}}
	{{Use dmy dates\|date=November 2018}}		{{Use dmy dates\|date=November 2018}}

imported>ChandlerMinh at 05:22, 22 April 2021

2021-04-22T05:22:59Z

New page

{{short description|Indian law}}
{{distinguish|420 (cannabis culture)}}
{{Use dmy dates|date=November 2018}}
{{Use Indian English|date=November 2018}}

'''Section 420''' in the [[Indian Penal Code]] deals with ''Cheating'' and ''dishonestly inducing delivery of property''. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine.<ref name=IK>{{cite web|title=Section 420 in The Indian Penal Code|url=http://hawkpanda.in/doc/1436241/|website=Indian Kanoon website|accessdate=16 May 2017}}</ref>

==Definitions==

:* '''Cheating and dishonestly inducing delivery of property.''': 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, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable fine.<ref name="IK" />

== Distinction Between 'Cheating' and 'Breach of Contract' ==
Distinction between mere 'breach of contract' and the 'offense of cheating' is a fine one. 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 offence is said to have been committed. Therefore, it is the intention of cheating which is the gist of the offence. 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.<ref name=IKRI>{{cite web|title=Hridaya Rangan Pd. Verma And Ors vs State Of Bihar|url=http://indiankanoon.org/doc/853800/|website=Indian Kanoon|accessdate=16 May 2017}}</ref>

== Distinction Between 'Cheating' and 'Misrepresentation' ==

A mere representation, which is neither claimed or alleged to be dishonest or fraudulent would not attract the charge of cheating only because the complainant parts with his money on the basis thereof.<ref>{{cite web|title=Abdul Fazal Siddiqui vs Fatehchand Hirawat And Another|url=http://indiankanoon.org/doc/859661/|website=Indian Kanoon|accessdate=16 May 2017}}</ref>

== Punishment of an offence under 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.<ref>{{Cite web|url=https://www.lawyered.in/legal-disrupt/articles/section-420-ipc-everything-you-need-know/|title=Section 420 IPC: Everything You Need To Know|website=www.lawyered.in|language=en-us|access-date=2019-12-02}}</ref>

==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 offence is covered by article 419, which has now lent its name to the [[advance fee fraud]].<ref>[http://www.lawsofpakistan.com/cheating-forgery-in-pakistan-penal-code-ppc/ Cheating and Forgery in Pakistan Penal Code on lawsofpakistan.com website], Retrieved 16 May 2017</ref>

The title of two popular [[Hindi film]]s - [[Chachi 420]] (in English: Trickster Aunt, a 1997 remake of [[Mrs. Doubtfire]]) and [[Shri 420]] (in English: ''Mr. 420'', a 1955 film), are direct references to Section 420 of the IPC.

== References ==
{{Reflist}}

{{Indian Penal Code navbox}}

{{DEFAULTSORT:Penal Code}}
[[Category:Sections of the Indian Penal Code]]