CHEATING: THE MOST COMMON FORM OF CRIMINAL OFFENCE ;;;;;;; HOW TO DEAL WITH IT LEGALLY

CHEATING DEFINED UNDER IPC 

Under the Indian Penal Code (IPC), cheating is defined under Section 415, and the Criminal Procedure Code (CrPC) also provides procedural aspects related to criminal complaints and trials. However, the definition of cheating itself primarily falls under the IPC. Here's how cheating is defined under Section 415 of the IPC:

Definition of Cheating (Section 415 IPC):

According to Section 415 of the IPC, a person is said to commit the offense of cheating when that person:

1. Deceives another person: This deception can be through any act or omission, or by making a false representation which the person knows to be false or does not believe to be true.

2. Induces the deceived person to deliver any property: As a result of the deception, the person deceived is induced to deliver any property (including valuable security or anything signed or sealed, which may be converted into a valuable security).

3. Intention to deceive at the time of making the deception: The deception must be done with the intention of causing wrongful gain to oneself or causing wrongful loss to the person deceived. In other words, there must be a dishonest intention from the beginning.

4. Punishment for Cheating: Section 417 of the IPC provides for the punishment of cheating, which may extend to imprisonment for a term which may extend to one year, or with fine, or both.

   Procedural Aspects under CrPC: When a complaint of cheating is filed under Section 200 of the CrPC, the magistrate examines the complainant and witnesses, if any, to determine whether there are sufficient grounds to proceed with the case. If satisfied, the magistrate may issue process against the accused to secure their presence for further proceedings.

The deception can be in any of the following ways:

• By words, gestures, or any other dishonest concealment of facts.
• By making a promise or a suggestion which the person making it does not intend to perform.
• By any other act fitted to deceive.

Punishment for Cheating: Section 417 of the IPC provides for the punishment of cheating, which may extend to imprisonment for a term which may extend to one year, or with fine, or both.

Several Notable Judgments by the Supreme Court of India on matters related to cheating include:

1.  State of Gujarat v. Mohanlal Jitamalji Porwal & Ors. (1987):

o   This case dealt with the scope of cheating under Section 415 of the Indian Penal Code (IPC) and emphasized that deception leading to wrongful gain and loss is essential to constitute cheating.

2.  Ram Narain Popli v. Central Bureau of Investigation (2003):

o   The Supreme Court clarified that in cases of cheating, the intention to deceive from the very beginning (mens rea) must be established, and mere breach of contract or failure to discharge a liability does not constitute cheating unless there was a fraudulent or dishonest intention.

3.  Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd. (2012):

o   This case reaffirmed that for the offense of cheating under Section 420 IPC, it is necessary to establish that the accused had fraudulent or dishonest intention at the time when the inducement was offered.

4.  Pawan Kumar v. State of Haryana (2013):

o   The Supreme Court highlighted that mere breach of promise or failure to fulfill a contract does not constitute cheating unless there was a dishonest intention at the time of making the promise.

5.  Hridaya Ranjan Prasad Verma v. State of Bihar (2000):

o   This case underscored that for an offense of cheating to be established, there must be deception practiced at the inception, inducing the victim to deliver any property or to do or omit to do anything which they would not do otherwise.

These judgments provide guidance on the elements required to prove the offense of cheating under Indian law, emphasizing the importance of fraudulent or dishonest intent, inducement, and subsequent wrongful gain or loss. 

FILE A CRIMINAL COMPLAINT

what is a criminal complaint under section 200 CrPC

Under Section 200 of the Criminal Procedure Code (CrPC) in India, a criminal complaint is the procedure by which any person can initiate criminal proceedings against another person. Here are the key aspects of a criminal complaint under Section 200 CrPC:

1.  Who can file a complaint: Any person who believes that an offense has been committed can file a criminal complaint. This person is usually referred to as the complainant.

2.  Contents of the complaint: The complaint must be in writing and should contain the following information:

o   The name and address of the complainant.

o   The name and address of the accused, if known.

o   Details of the offense alleged to have been committed.

o   Supporting documents or evidence, if any.

3.  Jurisdiction: The complaint should be filed before the appropriate judicial magistrate or metropolitan magistrate who has jurisdiction over the area where the offense was committed.

4.  Procedure: The complainant or their authorized representative (usually a lawyer) submits the complaint to the magistrate. The magistrate may examine the complainant and any witnesses produced. If the magistrate is satisfied that there is sufficient ground for proceeding, they may issue process against the accused.

5.  Taking cognizance: After examining the complaint and the witnesses, if the magistrate finds sufficient ground for proceeding, they will take cognizance of the offense. This marks the formal beginning of criminal proceedings against the accused.

6.  Summons or warrant: Depending on the circumstances, the magistrate may issue summons or a warrant against the accused to ensure their presence in court for further proceedings.

7.  Role of the complainant: The complainant may be required to appear before the magistrate during the proceedings to provide evidence or clarify any details related to the complaint.

what is the lawyers role in filing a criminal complaint under section 200 CrPC

In the context of filing a criminal complaint under Section 200 of the Criminal Procedure Code (CrPC) in India, the role of a lawyer is very crucial. Lawyer typically assists in this process:

1.  Consultation and Advice: Before filing the complaint, a lawyer can provide legal advice regarding the nature of the offense alleged, the evidence required, and the procedural aspects involved in filing the complaint.

2.  Drafting the Complaint: Lawyers are skilled in drafting legal documents, including complaints. They can assist the complainant in drafting a detailed and legally sound complaint that meets the requirements under Section 200 CrPC. This includes ensuring that all necessary details about the offense and supporting evidence are properly documented.

3.  Legal Research: Lawyers conduct legal research to ensure that the complaint cites relevant legal provisions and case law that support the allegations made by the complainant.

4.  Representation before the Magistrate: In many cases, lawyers accompany the complainant when filing the complaint before the magistrate. They can present the complaint on behalf of the complainant and argue for the issuance of process (summons or warrant) against the accused, based on the merits of the case presented.

5.  Cross-Examination and Witness Handling: If the magistrate requires examination of witnesses during the preliminary stage, the lawyer can assist in cross-examining witnesses presented by the complainant or the defense.

6.  Follow-Up and Court Proceedings: Throughout the proceedings, the lawyer represents the complainant's interests in court. They ensure that all procedural formalities are adhered to, file necessary documents, and argue on behalf of the complainant during hearings.

7.  Legal Strategy and Defense: If the accused challenges the complaint or contests the allegations, the lawyer devises legal strategies to counter such challenges and protect the complainant’s interests.

8.  Appeals and Further Proceedings: In case of adverse orders or decisions, the lawyer assists in filing appeals or other legal remedies available under the law.