Professional Documents
Culture Documents
Unit 10 Theft, Cheat NG and Xtortion: I T Ction
Unit 10 Theft, Cheat NG and Xtortion: I T Ction
EXTORTION
Structure
10.1 Introduction
10.2 Objectives
10.3 Theft
10.3.1 Definition
10.3.2 Essential Elements of Theft
10.3.3 Punishment for Theft
10.4 Extortion
10.4.1 Definition
10.4.2 Ingredients
10.4.3 Punishment for Extortion
10.5 Cheating
10.6 Summary
10.7 Terminal Questions
10.8 Answers and Hints
10.9 References and Suggested Readings
10.1 INTRODUCTION
Chapter xvrr of Indian Penal Code (IPC) deals with offences against property.
According to Indian Penal Code, the Offences Against Property can be categorised
in several types as well as conditions. Some of the major categories of Offences
Against Property are theft, extortion, robbery, dacoity, criminal misappropriation
of property, criminal breach of trust, cheating, mischief and criminal trespass.
Offences against property have been created to protect the private right of the
individuals to his property so that it may not be trespassed. These rights are
enacted by the local laws of any country. Property includes both movable and
immovable property. Our Indian Penal Code also enacted effective provisions to
protect the private property of the individuals.
17
I
Offences Against Person
and Property 10.2 OBJECTIVES
After reading this unit, you should be able to:
• discuss types of crime against property;
• describe the meaning of theft, extortion and cheating;
• analyse essential elements of theft, extortion and cheating;
• distinguish between theft and extortion;
• explain penalty provisions for these offences; and
• analyse the procedure regarding these offences.
10.3 THEFT
Sections 378-382 of IPe deal with the offence of theft.
10.3.1 Definition
Section 378 defines Theft-"Whoever, intending to take dishonestly any
movable property out of the possession of any person without that person's
consent, moves that property in order to such taking, is said to commit theft."
There are five explanations appended to the definition oftheft as given hereunder-
Explanation I-A thing so long as it is attached to the earth, not being movable
property, is not the subject of theft; but it becomes capable of being the subject
of theft as soon as it is severed from the earth.
Explanation 2-A moving effected by the same act which effects the severance
may be a theft.
Explanation 4-A person, who by any means causes an animal to move, is said
to move that animal, and to move everything which, in consequence ofthe motion
so caused, is moved by that animal.
a) A cuts down a tree on Z's ground, with the intention of dishonestly taking
the tree out of Z's possession without Z's consent. Here, as soon as A has
severed the tree in order to such taking, he has committed theft.
b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow it.
Here, if !\s intention be dishonestly to take the dog out of Z's possession
without Z's consent, A has committed theft as soon as Z's dog has begun to
follow A.
[8
~
c) A meets a bullock carrying a box of treasure. He drives the bullock in a Theft, Cheating and
Extortion
certain direction, in order that he may dishonestly take the treasure. As soon
as the bullock begins to move, A has committed theft of the treasure.
d) A being Z's servant, and entrusted by Z with the care ofZ's plate, dishonestly
runs away with the plate, without Z's consent. A has committed theft.
g) A finds a ring lying on the high-road, not in the possession of any person. A,
by taking it, commits no theft, though he may commit criminal
misappropriation of property.
j) If A owes money to Z for repairing the watch, and if Z retains the watch
lawfully as a security for the debt, and A takes the watch out of Z' s possession,
with the intention of depriving Z of the property as a security for his debt,
he commits theft, inasmuch as he takes it dishonestly.
m) A, being on friendly terms with Z, goes into Z's library in Z's absence, and
takes away a book without Z's express consent for the purpose merely of
reading it, and with the intention of returning it. Here, it is probable that A
may have conceived that he had Z's implied consent to use Z's book. If this
was A's impression, A has not committed theft.
19
I
Offences Against Person n) A asks charity from Z's wife. She gives A money, food and clothes, which A
and Property
knows to belong to Z her husband. Here it is probable that A may conceive
that Z's wife is authorized to give away alms. If this was I\s impression, A
has not committed theft.
0) A is the paramour of Z's wife. She gives a valuable property, which A knows
to belong to her husband Z, and to be such property as she has not authority
from Z to give. If A takes the property dishonestly, he commits theft.
These illustrations are self explanatory and describe what acts amounts to
theft and what not.
Illustrations
1) Where a postal clerk who was in charge of receiving parcels and other mail
was accused of having committed theft of a parcel of imitation stones, it
was held that as the accused had got the parcel by lawful means and there
was no taking he could not be convicted of theft.
2) Where the complainant's (ex-student's) bag was removed from him and
handed over to the Principal by another student and suspecting that the bag
might contain some objectionable leaflets, the Principal informed the
complainant's father that the bag was in his possession but instead of
returning the bag to the complainant, it was handed over to the police station,
it was held that there was no dishonest intention in refusing to return it and
the entire proceedings were liable to be quashed.
20
Property must be Movable Theft, Cheating and
Extortion
Movable property is defined in Section 22 IPc. I Explanations 1 and 22 appended
with the Section 378 state that things attached to the land my become movable
property by severance from the earth and that the act of severance may itself be
theft [see illustration (a) given under Section 378]. Thus a thief who severs and
carries away property is put in exactly the same position as if he carried away
what had previously been severed. A sale of trees belonging to other and not cut
down at the time of sale does not constitute theft.
The property must be in the possession 01 the prosecutor. Thus, there can be no
theft of wild animals, birds or fish whi le at large but there can be a theft of tamed
animals. Similarly, where property dishonestly taken belonged to a person who
was dead, and therefore in nobody's possession or where it is lost property without
any apparent possessor it is not the subject of theft but of criminal
misappropriation [see illustration (g)].
Other Examples
i) Where the owner of bullocks had lost them and could not find them on
search and the bullocks were found in the possession of the accused, it was
held that they could not be convicted of theft but of criminal
misappropriation.
ii) Where the accused removed some bricks from a heap which had been left
lying for eight years. an assumption could be made that the bricks had been
abandoned and their removal under the circumstances did not constitute
theft. 3
I The words 'movable property' are intended to include corporeal property of every description
except land and things attached to the earth or permanently fastened to anything which is
attached to the earth.
2 Explanation J-A thing so long as it is attached to the earth, not being movable property, is not
the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed
from the earth.
Explanation 2 -Amoving effected by the same act which effects the severance may be a theft.
3 Taki Tumi, AIR 1925Ran1l3 21
I
Offences Against Person
and Property
iii) The appellant was convicted of having cut away and removed branches of a
tree belonging to the complainant. The complainant however failed to prove
ownership of the land over which the tree stood nor could he explain his
delay in filing the complaint. In these circumstances the court refused to
uphold that it was a case of theft and quashed the order of conviction."
Examples
i) A, who having taken of the sheets from his bed with intent to steal them
carried them into the hall and was apprehended before he could get out of
the house was adjudged guilty of larceny.
ii) A, who having taken a horse in a close with intent to steal and was
apprehended before he could get it out of the close was held guilty of theft.
iii) A, who intending to steal plate, took it out of the trunk wherein it was, and
laid it on the floor but was surprised before he could remove it any further,
was guilty of theft.
iv) Pulling wool from the bodies of live sheep and lambs amounts to theft
under Section 378.
1) A, intending to commit theft enters the house ofB at night and removes
from one of the rooms a heavy box to the courtyard where he opens it.
He does not find in the box anything worth taking and leaving it there,
goes away. What offence A has committed?
The object of the Section is to give greater security only to property deposited in
a house so as to be under the protection of the house and not to property about
the person of the party from whom it is stolen. Theft from a person in a dwelling
house is, therefore, simple theft under Section 379.
23
I
Offences Against Person Example
and Property
Where letters addressed to the complainant are taken away without consent by
the accused from the possession of the complainant, the requirements of Section
380 are satisfied and it is of no significance that both parties were resident in the
same house."
Section 381 provides for a severe punishment when a clerk or a servant has
committed theft because he has greater opportunities of committing this offence
owing to the confidence reposed in him. When the possession is with the master
this Section applies; when it is with the servant Section 408 comes into operation.
What is a test as to the relationship of master and servant? A test used in many
cases is, to ascertain whether the prisoner was bound to obey the orders of his
employer so as to be under his employer's it is not necessary that there should be
a payment by salary for commission will do nor that the whole time should be
employed nor that the employment should be permanent, - for it may be only
occasional, or in a single instance - if, at the time, the prisoner is engaged as a
servant."
"The test is whether the person charged is under the control and bound to obey
the orders of his master. He may be so without being bound to devote his whole
time to this service; but if bound to devote his whole time to it, that would be
very strong evidence of his being under control." In other words, to decide the
question whether or not there is relationship of master and servant one has to see
the degree and control exercised by the former and the nature of duties to be
performed by the latter. The allowance of a portion of the profits or goods does
not destroy the relation of master and servant. It is necessary that the objects of
the service of a 'clerk or servant' should not be criminal but a man may be such
a clerk or servant although the objects of his service are in part illegal as being
contrary to public policy."
CASES
Section 382 deals with theft after preparation made for causing death, hurt
or restraint in order to the committing of the theft
"Whoever commits theft, having made preparation for causing death, or hurt, or
restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the
committing of such theft, or in order to the effecting of his escape after the
. committing of such theft or in order
to the retaining of property taken by such theft, shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine."
Illustrations
a) A commits theft on property in Z's possession; and, while committing this
theft, he has a loaded pistol under his garment, having provided this pistol
for the purpose of hurting Z in case Z should resist. A has committed the
offence defined in this Section.
b) A picks Z's pocket, having posted several of his companions near him, in
order that they may restrain Z, if Z should perceive what is passing and
should resist, or should attempt to apprehend A. A has committed the offence
defined in this Section.
Scope
This Section also deals with an aggravated form of theft. Whereas in the previous
Section, aggravation consisted in abuse of trust and confidence because of
relationship, in the present Section it consists in preparation of causing death,
hurt or I restraint.
The possession by a thief at the time of his committing a theft of a knife or other
weapon, which, if used on a human being, might cause death or hurt, would not
of itself justify a conviction under the Section. There must be something to show
or from which it may properly be inferred, that the offender made preparation
for causing one or more of the results mentioned in the Section.
25
I
Offences Against Person
and Property 4) A, Band C surround D in such a way as to make resistance on the part of
D useless and then A takes away the-watch of D without the use of force ','
10.4 EXTORTION
Section 383 IPC defines "extortion" while Section 384 provides punishment for
the offence. The offence of extortion occupies a middle place between theft and
robbery.
10.4.1 Definition
Section 383, defines extortion as-Whoever intentionally puts' any person in
fear of any injury to that person, or to any other, and thereby dishonestly induces
the person so put in fear to deliver to any person any property, or valuable security
or anything signed or sealed which may be converted into a valuable security,
commits "extortion".
Illustrations
10.4.2 Ingredients
The ingredients of extortion are:
1) The accused must put any person in fear of injury to that person or any other
person.
3) The accused must thereby induce the person so put in fear to deliver to any
.person any property, valuable security or anything signed or sealed which
26 may be converted into a valuable security.
4) Such inducement must be done dishonestly. Theft, Cheating and
Extortion
'Puts any person in fear of injury'
The injury may be intended to the person put in fear, or to any other. It is not
necessary that any relationship must exist between that person and the person
put in fear. The word 'injury' is defined in Section 44 IPC.7 The injury
contemplated must be one which the accused himself can inflict or cause to be
inflicted, and a threat of divine punishment is not such. No injury can be caused
or threatened to be caused unless the act done is either an offence or such as may
properly be made the basis of a civil action.
Thus, before a person can be said to put any person in fear of any injury to that
person it must appear that he has held out some threat to do or omit to do what he
is legally bound to do in future. If all that a man does is to promise to do a thing
which he is not legally bound to do and says that if money is not paid to him he
would not do that thing such act would not amount to an offence of extortion. 8 It
is quite conceivable that a public servant may commit extortion by compelling a
person put in fear to part with property.
If a person voluntarily delivers any property without there being any fear of
injury, extortion cannot be said to have been committed. Even the illustrations
under Section 383 reveal that the delivery must be pursuant to threat of injury to
reputation; to the body or to the body of another person.
Extortion as defined in Section 383 includes putting any person in fear of injury
and covers Section 385, which is a less serious offence punishable with two
years, imprisonment as against three years' imprisonment for offence under
Section 384.
The Law Commissioners observed that: "We conceive that it will be a question
for the Court whether the injury threatened was such as was likelyto produce the
effect Intended, and whether under the circumstances the party was really put in
fear, believing the injury to be inevitable if he did not comply."?
Circumstances
The age, sex and situation of the person threatened may properly be taken into
consideration. To constitute the offence it seems necessary that the person
threatened should be actually put In fear; upon the whole of facts, if there is
reason enough to say that similar circumstances would ordinarily excite fear in
persons of the same age, etc., as the person threatened, the Court will come to
the conclusion that the offence of extortion is committed.
The 'fear' must be of such a nature and extent as to unsettle the mind of the
person on whom it operates, and takes away from his acts that element of free,
voluntary action which alone constitutes consent. Where the threats are not
necessarily of a character to excite such alarm, it becomes a question for the
injury whether they were made under such circumstances of intimidation as to
have that effect.'? Thus, in the case of Nathlie Miard' threatening to expose a
7 Section 44 "lnjury"- The word "injury" denotes any harm whatever illegally caused to any
person, in body, mind, reputation or property.
8 R.S. Nayak v. A.R. Antuley & Others, 1986 Cri LJ 1922 (SC)
9 First Report, Section 417, p. 306
10 Walton, (1863) 9 Cox 268
11 (1844) 1 Cox 22 27
I.
I
Offences Against Person clergyman, who had had criminal intercourse with a woman in a house of ill-
and Property
fame, in his own church and village, to his own bishop, and to the archbishop,
and also to publish his shame in the newspaper was held to be such a threat as a
man of ordinary firmness could not be expected to resist.
Dishonestly induce
The element of dishonesty is the essence of extortion. The chief element in the
offence of extortion is that the inducement must be dishonest. It is not sufficient
that there should be wrongful loss caused to an individual but the person putting
that individual in fear of injury must have the intention that wrongful loss should
be caused. Where the accused honestly believed that the complainant had taken
the money belonging to him (the accused), an attempt to get it back cannot be
said to be with the intention of causing wrongful loss to him.
Delivery of property
where a person through fear offers no resistance to the carrying off of his property,
but does not deliver any of the property to those who carry it off, the offence
committed is robbery and not extortion. The essence of the offence of extortion
lies in the actual delivery of possession of the property by the person put in fear
and the offence is not complete before such delivery", {~
An intent to extort money may be implied from circumstances, and does not
require an express demand of money. But, if it appears that the object is to compel
the delivery of accounts of moneys honestly believed to be due and owing, there
is no evidence of the intent. Where the accused forcibly removed certain property
from the possession of the complainant claiming that the same belonged to himself
and placed it in trust with a shop-keeper, and it appeared that there was some
evidence to show that the property did in fact belong to the accused it was clear
that the accused had no dishonest intention in removing the property, and no
offence under this Section was established against him.
To any person
It is not necessary that the threat should be used, and the property received, by
one and the same individual. It may be a matter of arrangement between several
persons that the threat should be used by some, and the property received by
others and they all will be guilty of extortion."
Valuable security
'Valuable security' is defined in Section 30.14 There is no distinction between an
unstamped or an unregistered document and a document executed by a minor. In
both cases the document purports to be a document whereby a legal right is
created or a person acknowledges that he lies under a legal disability. Where a
minor boy was forced to execute a hand note, it was held that it amounted to a
valuable security within the meaning of this Section read with Section 30.
The forcible taking of the victim's thumb impressions on a blank piece of paper
which can be converted into a valuable security does not necessarily involve
inducing the victim to deliver papers with the thumb impressions. Hence, where
the victim is assaulted by the accused and his thumb impression forcibly taken
upon a blank piece of paper, the offence of extortion cannot be said to have been
established. The offence is no more than the use of criminal force or an assault
punishable under Section 352.
B was abducted from Delhi and was wrongfully confined by R and his four
associates who were heavily armed. B under fear of his life wrote letters to his
father for payment of ransom amount. By virtue of the letters the abductors got a
ransom of Rs. 1,80,000. It was held that a document which enables a person or
which gives a person a reasonable hope or expectation of collecting substantial
amount of money is property. Where the suspension order of a principal was
revoked by force, the question was whether the document which was said to be
extorted was a valuable security within the meaning of Section 30. Valuable
security denotes a document which is or purports to be a document whereby any
legal right is created, extended, transferred, extinguished or released or whereby
any person acknowledges that he lies under legal liability, or has got a certain
legal right. The order revoking the suspension order extorted from certain persons
under threat and pressure is a valuable security within the meaning of Section
30.15
15 Ram Kamal Bezboruac v. Chandra Nath Kalita, 1971 Cri LJ 708 (Assam) 29
I
Offences Against Person
and Property
10.4.3 Punishment for Extortion
Section 384 provides penalty for extortion. Sections 386 and 388 also prescribe
penalties for the same offence higher than the one prescribed under this Section.
Section 384 says that whoever commits extortion shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
Section 385 seeks to punish an attempt to commit extortion, when the attempt
has failed, the offence is not complete and the property is not delivered.
The injury contemplated must be within the power of the accused. A threat of
God that he would be punished is not such an injury. No injury can be caused or
threatened to be caused unless the act done is either an offence or such as may
properly be made the basis of civil action."
-.
Aggravated Form of Extortion
Section 386 -Extortion by putting a person in fear of death or grievous
hurt
"Whoever commits extortion by putting any person in fear of death or of grievous
hurt to that person or to any other, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to
fine."
Where the accused demanded ransom from the father of a boy whom they had
kidnapped and they put the father in fright of the boy being murdered and there
was throughout the likelihood of the boy being murdered, in case the ransom
money was not paid, and where the father paid the ransom money, it was held
that offence under this Section was committed.'?
Offence under Section 386 is cognizable, non bailable, non compoundable and
is to be tried by the Magistrate of the first class.
The relation between Section 387 and Section 386 is the same as that between
Sections 385 and 384.
It is not necessary that the fear of death or of grievous hurt should be instantaneous.
Where the accused wrote a letter threatening that if the complainant wished to
save his own life and that of his child, he must pay a ransom of Rs. 10,000 the
accused was found guilty under this Section. There ought to be some visible
overt act which may reflect the natural and normal inference that the wrong doer
had, in fact, put a person in fear of death or of grievous hurt. In the absence of
any apparent overt act leading towards the act of extortion and thus putting any
person in fear of death or of grievous hurt it cannot be said to be an offence
committed for extortion by threat. Without any visible sign of physical act, simple
use of words is not enough to constitute that offence in the absence of any physical
act on the part of the petitioner and also any such material which may indicate
that, as a matter of fact, the petitioner had practised extortion by threat of fear of
death and hurt, the offence was not constituted.
Illustrations
I) if any person is confronted by any wrong doer armed with dagger or pistol
and thereafter he made some utterances demanding some rnoney, that can
be said to be an act of extortion, but in a broad day light within the hearing
of every one having some financial relationship, if demand for money is
made by uttering some threat that cannot be said to be an act of extortion as
contemplated under this Section.
I
Offences Against Person Section 388 deals with Extortion by threat of accusation of an offence
and Property
punishable with death or imprisonment for life, etc.
"Whoever commits extortion by putting any person in fear of an accusation against
that person or any other, of having committed or attempted to commit any offence
punishable with death, or with imprisonment for life, or with imprisonment for
a term which may extend to ten years, or of having attempted to induce any other
person to commit such offence, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to
fine; and, if the offence be one punishable under Section 377 (relating to unnatural
offences) of this Code, may be punished with imprisonment for life."
Offence under this Section is cognizable and bailable but non compoundable. It
is to be tried by Magistrate of the first class on the issuance of warrant.
This Section bears the same relation to Section 388 as Section 385 bears to
Section 384. Offence under this Section is cognizable and bailable but non
compoundable. It is to be tried by Magistrate of the first class on the issuance of
warrant.
3) In theft the property is taken by the offender, whereas in extortion the property
is delivered to the offender.
10.5 CHEATING
a) Section 415 defines Cheating as -
Whoever, by deceiving any person,
a) 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
1
Offences Against Person
and Property h) A intentionally deceives Z into a belief that A has performed A's part of a
contract made with Z, which he has not performed, and thereby dishonestly
induces Z to pay money. A cheats.
b) Ingredients
The definition of cheating under Section 415 of IPC contains two-parts. First
comes the main, part "whoever, by deceiving any person .." words which obviously
apply to the whole Section. Then comes the first part "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. "Then comes Part 2, which is an
alternative to sub-part 1 viz., "or intentionally induces ... mind, reputation -or
property." Then come the closing words "is said to cheat." The words "and which
act or omission ... reputation or property" form a portion of Part 2 and are not
applicable to Part 1 at all. The definition of the offence of cheating embraces
some cases in which no transfer of property is occasioned by the deception and
some in which such a transfer occurs; for these cases generally a genera] provision
is made in Section 417 of the Code. For the cases in which property is transferred
a more specific provision is made by Section 420. But in an earlier case it has
been laid down that an offence of cheating accompanied by a delivery of property
may be punished under either of the Sections; but where the case appears to be
of a serious nature steps must be taken to send it to the Court of Session for trial
under Section 420.
34 IS Ratan Lal & Dhiraj Lals Law of Crimes (Commentry), 26th Ed 2007, pp.2388-89
Cheating can also be committed in relation to immovable property. The Theft, Cheating and
Extortion
representation which must be fraudulent or dishonest and which must have
induced the person deceived to deliver property may as well be perpetrated in
relation to immovable property as to movable property.
Where A dines at a hotel and goes away without paying bills or leaving his name
and address, he would be liable for cheating under this Section.
Cheating by personation
d) definition
"A person is said to "cheat by personation" if he cheats by pretending to be some
other person, or by knowingly substituting one person for or another, or
representing that he or any other person is a person other than he or such other
person really is."
Illustrations
a) A cheats, by pretending to be a certain rich banker of the same name. A
cheats by personation.
e) Ingredients
This Section requires anyone of the following essentials:-
1) Pretension by a person to be some other person.
2) Knowingly substituting one person for another.
35
Offences Against Person 3) Representation that the person representing or any other person is a person
and Property
other than he or such other person really is.
Similarly where the accused was charged of cheating bank A by encashing cheque
through bank B by opening account with it in a fictitious name, it was held that
since the firm in whose favour the cheque was drawn was fictitious no question
of personation by accused arose and therefore Section 419 was not attracted. As
soon as a man by word, act, or sign holds himself forth as a person entitled to
vote with the object of passing himself off as that person, and exercising the
right which that person has, he has personated him. If a person at Oxford, who is
not a member of the University, goes to a shop for the purpose of fraud, wearing
a commoner's cap and gown, and obtains goods, this appearing in a cap and
gown is a sufficient cheating although nothing passed in words.
An offence under Section 416 is complete only when a person obtains possession
of property by a trick. Thus, where one C representing himself as A deposited
certain amount with B in order to obtain allotment of cement and in the meanwhile
the genuine A also deposited amount in order to obtain allotment and as C's
identity was suspected the possession of the cement was not handed over to him,
it was held that C was entitled to benefit of doubt.
The Explanation to the Section clarifies that the person personated may be a real
or an imaginary person.
36
g) Section 418 Cheating with knowledge that wrongful loss may ensue to Theft, Cheating and
Extortion
person whose interest offender is bound to protect
Whoever cheats with the knowledge that he is likely thereby to cause wrongful
loss to a person whose interest in the transaction to which the cheating relates,
he was bound either by law, or by legal contract, to protect, shall be punished
with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
Simple cheating is punishable under Section 417. But where there is delivery or
destruction of any property or alteration or destruction of any valuable security
resulting from the act of the person deceiving, the proper Section to apply is
Section 420 and not Section 417. Section 417 covers cases of cheating in which
though there is fraud yet there is no intention of causing wrongful loss, or wrongful
gain. The word 'fraudulently' is not used in Section 420. All deceptions do not
amount to cheating. In order to constitute cheating the deception must be with a
dishonest or fraudulent intent. Therefore, when as a result of deception the person
deceived is injured in any way or is exposed to the risks of any injury or loss
fraud may be said to have been committed.
iii) mens rea of the accused at the time of making the inducement. The making
of a false representation is one of the ingredients for the offence of cheating
under Section 420."
k) Illustrative Cases:
ii) In Ram Prakash Singh v. State of Bihar'? Where the officers of LIe
introduced fake proposals without any actual gain for themselves as well as
a real loss for corporation, they were held liable for cheating under Section
420, as such false proposals were likely to harm the reputation of corporation.
The aim of such officers was to show inflated business in their branch and
secure the promotion in future on its basis.
The vital difference between offences under Section 417 and Section 420 is that
whereas an offence against the latter Section is a cognizable one, that against
the former is non-cognizable and investigation of it can only be undertaken by
the police on the instructions of a Magistrate, where in the other case the policy
can act on their own motion under Sections 154 and 156, Criminal Procedure
Code, 1973.
10) Mark out distinction between Sections 417 and 420 of the IPC by giving
illustrations.
ii) That the accused prevented such debt or demand from being made legally
available for his debts or for the debts of another person
Object: The Section aims to prevent two acts of fraud- i) False recital of
consideration, ii) fictitious name of the beneficiary.
One of the necessary elements under this Section is that some dishonesty or
fraud should be made out. The Section deals with fraudulent and fictitious
conveyances and trusts. If the consideration for the sale of immovable property
is with the consent of the purchaser exaggerated in a deed of sale in order to
defeat the claim of the pre-emptor, the purchaser will be guilty of this offence. In
such cases it is necessary to prove the existence of a right of pre-emption in
respect of the subject matter of such sale as it is not an offence if the property
sold is not subject to such a right.
Under this Section the dishonest execution of a benami deed will be punishable.
The institution of a civil suit is not a condition precedent to the maintenance of
a charge in a criminal court for this offence.
i) That the accused signed, executed or became a party to the deed or instrument
in question
ii) That the purport of such document was to transfer or to subject to a charge,
the property or any interest in question
iii) That such document contained a false statement relating to the consideration
or relating to the person for whose use or benefit it was really intended to
operate
h) Illustrations
Where one of the several partners removed the partnership books at night and
when questioned denied having done so. Where ajudgment debtor whose standing
crops were attached harvested them while the attachment was in force and where
one of the eo sharers in agricultural production removed some crops and thereby
caused a lesser share to the other. All these were held to be offence under Section
424IPe.
10.6 SUMMARY
1) Chapter XVII of Indian Penal Code (IPC) deals with Offences Against
Property.
3) Where movable property is taken away from a person without his consent it
is called theft. Sections 378-382 of IPC deal with the offence of theft.
5) Section 379 provides that whoever commits theft shall be punished with
imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
41
Offences Against Person
and Property
7) Section 381 deals with theft by clerk or servant of property in possession of
master.
8) Section 382 deals with theft after preparation made for causing death, hurt
or restraint in order to the committing of the theft.
9) The offence of extortion occupies a middle place between theft and robbery.
10) If a person intentionally. puts any person in any kind of fear or make injury
to that person in order to take any property without the consent of the owner
of the property it is included in the act of Extortion. Sections 383-389 of
IPC deal with the offence of extortion.
11) Section 384 provides that whoever commits extortion shall be punished
with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
12) Section 385 punishes attempt to commit extortion. When the attempt has
failed, the offence is not complete and the property is not delivered.
13) Section 386 deals with aggravated form of extortion, which is cognizable,
non bailable, non compoundable and is to be tried by the Magistrate of the
first class.
14) Section 387 says that whoever in order to the committing of extortion, puts
or attempts to put any person in fear of death or of grievous hurt to that
person or to any other, shall be punished with imprisonment of even years,
and also with fine. '
16) Section 389 bears the same relation to Section 388 as Section 385 bears to
Section 384. Offence under Section 389 is cognizable and bailable but non
compoundable. It is to be tried by Magistrate of the first class on the issuance
of warrant for putting the person in fear or accusation of offence, in order to
commit extortion
20) Section 417 punishes simple cases of cheating which may extend to one
year imprisonment or with fine or with both
21) Section 418 deals with cheating with knowledge that wrongful loss may
ensue to person whose interest offender is bound to protect, Punishment
42
may extend to three years imprisonment, or with fine, or with both.
22) Section 419 provides punishment for cheating by personation, which may Theft, Cheating and
Extortion
extend to three years imprisonment, or with fine, or with both.
24) The vital difference between offences under Section 417 and Section 420 is
that while offence under Section 420 is a cognizable one, under Section 417
it is non-cognizable.
25) Sections 421 to 424 of IPC deal with fraudulent deeds and dispositions of
property. Section 421 WC covers benami transactions in fraud of creditors.
1) Its theft as accused has moved the property out of possession with dishonest
intention.
2) A has committed theft because he has dishonestly extracted tickets worth
money value from a machine which was in the possession of railway.
3) Here A will be guilty of theft because he takes his own suit without paying
the stiching charges.
4) In this case A, Band C will be guilty under Section 382 as they have
committed restraint in order to committing of theft.
5) Constable is liable for committing extortion. See the essential elements of
extortion.
6) See Section 385 of IPC, A will be charged for attempt.
7) Refer to the heading of aggravated form of extortion under Section 386
IPC.
8) See the heading Cheating and its essential elements under Section 315 Il'C.
9) In this case A has committed cheating under Section 416 and B is liable for
attempting to cheat as he. applied for entering his name in the list of
candidates.
10) Refer to Sections 417 and 420 of the IPC along with matter given in reading
material.
11) See provisions under Sections 421 to 424 Wc.
43
Offences Against Person Terminal Questions
and Property
1) Refer to Section 10.3 of the reading material.
2) See Section 383, illustration (a) ofIPC along with Section 10.4 ofthe reading
material)
3) Refer to Sections 415,416,417 and419 ofIPC along with along with Section
10.5 of the reading material
2) Basu's Indian Penal Code, Ashoka Law House, Delhi, IO" ed 2008.
3) Nigam, R.C., Law oj Crime, Vidhi Sahitya Prakashan. Ministry of Law &
Justice, Govt. of India, 1986.
6) Gaur, K.D., Criminal Law, Cases and Materials, Lexis Nexis, Butterworths
india, Delhi, 4thEd., 2005.
44