Kindly state what's your case? Advocate's job profile is to profer legal assistance in case you are in trouble or you feel your legal rights are being trampled upon.... It's not advocate's job to be a law teacher.

Definition

Section 420 of The Indian Penal Court talks about the offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property. This provision provides punishment for the same.

According to the IPC, Section 420 states that 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.

Essential elements of Section 420

(i) Cheating;
(ii) Dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being converted into a valuable security and
(iii) Mens rea of the accused at the time of making the inducement.

Making of a false representation is one of the essential ingredients to institute the offence of cheating under Section 420 IPC. In order to bring a case for the offence of cheating, it is not merely satisfactory to prove that a false representation had been made, but it is further necessary to prove that the representation was false to the knowledge of the accused and was made in order to deceive the complainant.

Cheating

The term "cheating" has been defined under Section 415 of the Indian Penal Code. The element of cheating must be present in every offence under Section 420 of I.P.C.

Section 415 of IPC states that 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".

For example – There are two persons A and Z. A exhibits the false sample of an article to Z and intentionally make Z believes that the article corresponds with the sample. A here induces Z to buy and pay for the false sample of article. A cheats Z.

Acting dishonestly

Section 24 defines that what is “acting dishonestly”. When the doing of any act or not doing of any act causes wrongful gain of property to one person or a wrongful loss of property to a person, the said act is done dishonestly.

Property

The word property may basically be defined as all things which can be measured in terms of money. The said thing should be capable of being possessed by a person for the exclusive use or enjoyment as owner of that thing.

Fraudulently

Section 25 defines the term "Fraudulently". It says that a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Mens rea

Mens rea is a legal phrase which used to define the mental state of a person while committing a crime and that should be intentional. It can refer to a general intent to break the law or a specific prearranged plan to commit a particular offense. A criminal prosecutor must show beyond any reasonable doubt to convict an accused person that the suspect actively and knowingly contributed in a crime that affected another person or their property.

How Cheating is to be proved:

You have to prove that there was an intention to cheat at the time of making the misrepresentation; and this fact is to be proved on the basis of all the subsequent conduct as acts and omissions of the accused. Therefore, all the acts and omissions of the accused must be clearly and legibly set out right from the date of making of false representation, till the filing of the complaint.

It must be shown that there is a failure of the promise which was made. It must be shown that there was no effort on the part of accused to perform his promise. The test of prudent man must be applied to appreciate the evidence on record.

Who is a Prudent Man?

A prudent man is a wise man but may not be a genius. A prudent man who is not in haste. He is not influenced by his emotions and act after weighing the circumstance. He rethinks and willing to learn. He struggles. He is willing to see the point of view, which was never in his mind. He may not be learned but has robust common sense and has basic instinct that moves man and woman. The said definition of prudent man calls upon the judge to become realistic and practical. Good faith anticipates an honest effort to discover the facts upon which the exercise of power rests.

Cognizance of an offence under Section 420

The offence is cognizable and falls under the category of Non Bailable. It is triable by Magistrate of the First Class and therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may be preferred.

Punishment of an offence under Section 420

The punishment which is given under section 420 of IPC for the offence is imprisonment for a term which may extend to seven years, and also be liable to fine.

Distinction between mere 'breach of contract' and the 'offence of cheating'

Distinction depends upon the intention of the accused at the time of inducement which must be judged by his subsequent act but of which the subsequent act is not the sole standard. 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 which is the substance of the offence. It is necessary to show that he had fraudulent or dishonest intention at the time of making the promise to hold a person guilty for the offence of cheating. From his mere failure to keep up promise consequently such a culpable intention cannot be presume right at the beginning, that is when he made the promise.

In K. Krishnamurthy vs State of Andhra Prades, AIR 1965 SC 333, the Supreme Court held that the offence of cheating by personation under section 416 and 419 IPC was committed when the accused making the false representation as to his name and qualification for a post in an application made to the public service commission and the government appointed into the post on the Recommendation of the commission.Deception of the statutory body Public Service Commission and the government which is the appointing authority is completed when he got an appointment and the payment of a salary to the appellant for the post. It amounted to a delivery of property within the meaning of section 415 IPC.

In Baboo Khan vs State of Uttar Pradesh, AIR 1961 All 639, the accused, who pretended to be a certain well-known eye specialist and induced the complainant to allow him to perform an operation on the eye of his 12-year-old son was found guilty under the section.

That the accused thereby induced that person to deliver any property or to do or to omit to do something which he would otherwise not have done or omitted. [Mahadeo Prasad vs State of West Bengal, AIR 1954 SC 724]

Cheating is defined under Indian penal code under section 15.

415. 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. Illustrations

1. As per the information mentioned in the present query, makes it clear that you may be confused about the meaning of word/ crime cheating in IPC.
2. Let me tell you in simple words rather than going through the complexity of it as per legal advisors.
3. When someone gives you the believe that he may give or do something for you, and in return take something from you. Then thereafter, if that person doesn’t do as what he has said, it simply amount to cheating on you.
4. For cheating, both criminal complian as well as civil suit can be filed simultaneously, one for giving punishment and another for compensation to you.

Hello,

following is the definition as per the indian penal code:

Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded is imprisonment for a term of 7 year and fine.
cheating is a specific criminal offence relating to property. Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute.

1) State vs Vipin Sharma & Ors. on 24 July, 2014

2) K.B. Mulla vs State Of Karnataka on 29 January, 1976

3) Virendra Singh vs State on 29 August, 2017

Cheating is an offence under which a person induces the other to deliver the property or commission or omission of an act done on the part of the offender with the intention of deceiving the person. Mainly two elements are necessary to constitute the offence of cheating i.e. deception and inducement.

2) S.W. Palanitkar V. State of Bihar- 2001(10) TMI 1150- Supreme Court
 Supreme court  has held that to convict a person for the offence of cheating there should be pre-existing dishonest or fraudulent intention of the person from the beginning but in case of Breach of Contract the dishonest intention is not present in the beginning of the agreement

Definition
Section 420 of The Indian Penal Court talks about the offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property. This provision provides punishment for the same.

According to the IPC, Section 420 states that 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.

Cheating
The term "cheating" has been defined under Section 415 of the Indian Penal Code. The element of cheating must be present in every offence under Section 420 of I.P.C.

Section 415 of IPC states that 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".

For example – There are two persons A and Z. A exhibits the false sample of an article to Z and intentionally make Z believes that the article corresponds with the sample. A here induces Z to buy and pay for the false sample of article. A cheats Z.

Read sec 416 to 420 IPC.

Cheating at Common Law Law and Legal Definition. Cheating is the fraudulent obtaining of someone's property through the use of a false symbol or token or by deceitful or illegal practices. This type of cheating is a crime in most jurisdictions.

According to the IPC, Section 420 states that 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 .. 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.