Introduction
Section 420 of the Indian Penal Code (IPC) is a criminal provision that deals with the offense of cheating and dishonestly inducing delivery of property. It is one of the most commonly used sections of the IPC, and it has been used to prosecute a wide range of white-collar crimes.
The offense of cheating under Section 420 of the IPC is defined as deceiving a person dishonestly to induce them to deliver any property, or to consent to the retention of any property, or to a particular amount of property.
Section 420 of IPC
Under Section 420, the offense of cheating and dishonestly inducing delivery of property is punishable with imprisonment for a term of up to seven years and a fine. However, if the offense involves a public servant or a bank, the punishment can be extended to ten years of imprisonment.
420. 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 to fine.”
What are the Ingredients of Section 420 IPC
Section 420 of the Indian Penal Code (IPC) deals with the offence of cheating and dishonestly inducing delivery of property. The ingredients of this offence are:
Dishonest Representation
The accused must make a false representation, which may be either an express or implied one.
Intent to Deceive
The accused must have intended to deceive the victim by making the false representation.
Inducement to Deliver
The false representation must have induced the victim to deliver property to the accused or to a third party.
Delivery of Property
The victim must have actually delivered property to the accused or to a third party based on the false representation.
Deception must be the proximate cause of delivery. The false representation must be the proximate cause of the victim’s delivery of property. If all these ingredients are present, the accused may be charged with the offence of cheating under Section 420 of the IPC.
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Deception & Dishonesty
The offense of cheating involves two essential elements: deception and dishonesty.
Deception
Deception is the act of making a person believe something that is not true or misleading them into believing something that is not accurate.
Dishonesty
Dishonesty, on the other hand, refers to the intent to deceive or cheat someone. It is essential to establish both deception and dishonesty to prove the offense of cheating under Section 420.
Section 420 also covers the offense of dishonestly inducing delivery of property. This offense involves inducing a person dishonestly to deliver any property, or to consent to the retention of any property, or to a particular amount of property. Dishonestly inducing delivery of property is a serious offense, and it carries severe punishments.
Section 420 is Bailable or Non-Bailable?
It is worth noting that Section 420 of the IPC is a non-bailable offense, which means that the accused cannot get bail as a matter of right. The accused has to apply for bail and satisfy the court that they are entitled to bail. Moreover, the offense of cheating under Section 420 is a cognizable offense, which means that the police can arrest the accused without a warrant.
What is the procedure in 420 case?
The procedure in a Section 420 case is similar to that of any criminal case in India. The general procedure for a criminal case is as follows:
Filing of FIR
The first step in a Section 420 case is the filing of a First Information Report (FIR) with the police. The victim or any person who has knowledge of the offence can file the FIR.
Investigation
After the FIR is filed, the police will investigate the matter. They will collect evidence, record statements of witnesses, and prepare a charge sheet.
Charge Sheet
Once the investigation is complete, the police will prepare a charge sheet and submit it to the court.
Framing Of Charges
After the charge sheet is submitted, the court will read it and decide whether there is enough evidence to frame charges against the accused. If the court finds that there is enough evidence, it will frame charges against the accused.
Trial
After charges are framed, the trial will begin. The prosecution will present evidence and call witnesses to prove the charges against the accused. The defence will also have an opportunity to present evidence and call witnesses to prove their innocence.
Judgment
After the trial is complete, the court will give its judgment. If the accused is found guilty, the court will pronounce the sentence.
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Can A Police-Officer Make An Arrest Under Section 420, Ipc Without Warrant?
Yes, a police officer can make an arrest without a warrant under Section 420 of the Indian Penal Code (IPC) if he has reasonable grounds to believe that the accused has committed the offence of cheating.
Section 41 of the Code of Criminal Procedure (CrPC) empowers a police officer to arrest a person without a warrant if he has reasonable grounds to believe that the person has committed a cognizable offence, including the offence of cheating under Section 420 of the IPC. However, the officer must comply with the procedural requirements specified in Section 41, such as informing the person about the grounds of arrest, preparing a memo of arrest, and producing the arrested person before a magistrate within 24 hours.
What is the punishment for IPC 420 Case?
The punishment for IPC 420 case depends on the severity of the offence and the specific facts and circumstances of the case. Section 420 of the Indian Penal Code (IPC) is a non-bailable offence, and the punishment can range from imprisonment for a term of up to 7 years, to imprisonment for life and a fine.
The punishment for Section 420 IPC is as follows:
Imprisonment for a term which may extend to 7 years and fine, if the amount involved in the cheating is less than Rs. 50,000.
Imprisonment for a term which may extend to 10 years and fine, if the amount involved in the cheating is Rs. 50,000 or more but less than Rs. 5 lakhs.
Imprisonment for a term which may extend to 10 years and fine, if the cheating is done by impersonation or by using a false identity.
Imprisonment for a term which may extend to imprisonment for life and fine, if the amount involved in the cheating is Rs. 5 lakhs or more.
It is important to note that the exact punishment may vary depending on the specific facts and circumstances of the case, and the discretion of the court
In what court can IPC 420 be tried?
The offence under Section 420 of the Indian Penal Code (IPC) is a serious offence, and it can be tried by a Court of Sessions or a Metropolitan Magistrate Court, depending on the territorial jurisdiction of the court and the nature of the case.
If the alleged offence is committed within the jurisdiction of a metropolitan city such as Mumbai, Kolkata, Chennai, Delhi, Hyderabad, or Bangalore, then it will be tried by the Metropolitan Magistrate Court. If the alleged offence is committed outside the jurisdiction of a metropolitan city, then it will be tried by the Court of Sessions.
Conclusion
In conclusion, It is important to note that the trial for an offence under Section 420 of the IPC is a complex legal process, and it involves various stages such as framing of charges, examination of witnesses, cross-examination, and final arguments. The accused has the right to defend himself and engage a lawyer to represent him in the court. The court will consider various factors, such as the evidence on record, the arguments of the prosecution and the defence, and the relevant legal provisions, before arriving at a decision.
Section 420 of the Indian Penal Code is a crucial provision that deals with the offense of cheating and dishonestly inducing delivery of property. It is a serious offense, and it carries severe punishments. It is important to be aware of this provision and to ensure that one does not engage in any activities that could attract the offense of cheating under Section 420.
Disclaimer
The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.
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