Table of Contents

Cheating, forgery and mischief

Table of Contents

Theoretical overview

Cheating as define under section 415 of Indian penal code involved the fraudulent or dishonest inducement of a person to deliver property to someone else or consent to the retention of property by another person. It also includes intentionally leading a deceived person to do or not to do something resulting in damage or harm to their body, mind, reputation or property

Elements of cheating 

  • the act of deceiving someone with fraudulent or dishonest intentions
  • the person deceived must be persuaded to hand over their property to someone or allowed them to keep the property 
  • The deceived person is intentionally influenced to perform or refrain from an action they wouldn’t have done if not deceived 
  • the act or omission induced by the deception causes or is likely to cause damage or harm to the deceived person’s body, mind, reputational or property.

A dishonest concealment of facts is also a deception within the meaning of this section. It is to be noted that this section has a wider application as it is applied not only on the property but on the bodily injury and other kinds of injury as well.

Forgery refers to the act of creating or possessing of document or electronic record with criminal intend. It is defined in section 463 of the Indian penal code of 1860. The purpose of forgery can be to cause damage or injury to the general public or individuals, support false claims or titles, deceive someone into parting with their property enter, into contract with fraudulent intent or commit fraud. Essentially, forgery involves the production of counterfeit document or record.

Elements of forgery: –

  • the document, electronic record or a part of it must be factually false or fake 
  • the genuine document must have been altered such as through the addition of a false signature or improper completion of form blanks 
  • the false document or writing must have some legal relevance or importance 
  • the act must have been committed with the intention to deceive or cause harm to the general public or individuals as defined in section 464 of IPC
  • the false documents or writing must appear genuine enough to deceive most people.

Mischief as an offence is defined under section 425 of Indian penal code. This particular section state that causing any kind of wrongs to other public or any person which destroys a diminishes its value or utility constitutes an offence.

Ingredients for mischief –

  • Mens Rea – knowledge or intentional
  • causing wrongful loss 
  • destroys a diminishes its value

Important differences

ForgeryCheating
Covered in section 463-477Covered under section 415-420
Primarily affects title deeds and propertyCan cause harm to body, mind, reputation or property
Relates to document and property marksSpecially an offense against property 
It can be committed with intention of cheatingIt is broader offense and can include forgery

Relevant sections

Section 415 in The Indian Penal Code

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

Section 463 in The Indian Penal Code

Forgery – [Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Section 425 in The Indian Penal Code

Mischief – Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. Explanation 1 – It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. Explanation 2 – Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly

Important case laws

  1. G.U Rao vs. LHV prasad (2000) – a man wanted to marry a girl belonging to a high caste. A girl pretending to be of high caste married the man. Here, the woman has committed the offence of cheating. It shows that section 415 has a wider application.
  2. State of Orissa vs. Rabindra Nath Sahu(2002) – the Orissa high court held that section 468 does not require that the accused  has committed the offence of cheating but the material fact for this section is that the accused must have committed forgery with the intent to use the forged document for the purpose of cheating. The accused can be made liable under section 468 as well as for the offence of cheating, if he has used the  forged document for the purpose of cheating
  3. Nand Kumar Singh vs. State of Bihar AIR 1992 SC 1939 – the accused was held not guilty because of lack of evidence regarding knowledge and consent that the co-accused was had forged the documents to obtain the LIC policy. The only evidence before the court was that the premium amounts were credited to his account, which was not sufficient to prove his guilt under section 468.

Points to remember

  • Cheating as define under section 415 of Indian penal code involved the fraudulent or dishonest inducement of a person to deliver property to someone else or consent to the retention of property by another person
  • Forgery refers to the act of creating or possessing of document or electronic record with criminal intend. It is defined in section 463 of the Indian penal code of 1860
  • A dishonest concealment of facts is also a deception within the meaning of cheating
  • Mischief as an offence is defined under section 425 of Indian penal code. This particular section state that causing any kind of wrongs to other public or any person which destroys a diminishes its value or utility constitutes an offence.

Frequently Asked Questions (FAQs)

Recommended YouTube Videos

The videos listed in this section are provided for informational purposes only. We do not endorse, verify, or take responsibility for the content, accuracy, or opinions expressed in these videos. The views and opinions expressed by the video creators are their own and do not necessarily reflect the views of this website. Please use your discretion when viewing and applying the information presented.

Contributors

We extend our heartfelt thanks to the following individuals for their contributions to above law notes. Their diverse perspectives and knowledge enrich our content. Click on their profiles to learn more about their backgrounds and expertise.

Join the Legal Community!

Connect with fellow lawyers, law students, and legal professionals on our platform. Share updates, find job opportunities, enroll in courses, and collaborate on legal projects. Enhance your career and stay informed in the ever-evolving legal field. Join us today!”

Quick Links