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  • Writer's pictureChambers of Daksha Kumar

Dishonest inducement necessary for the offence of cheating: Supreme Court

Updated: Jun 11, 2022

In certain circumstances, an individual can be charged with cheating in a criminal offence under Section 420 of the IPC. According to the act, if a person induces another person to lie or be dishonest by providing property to the other person without the owner's knowledge, the offence is punishable under section 420 of the IPC.

A complaint was filed against the accused for taking away 2kg and 27-grams of gold jewellery and misinterpreting the facts in order to induce and defraud the complainant.

An FIR was filed against the accused under section 420 of the Indian Penal Code in response to the aforesaid complaint, and the inquiry is starting.

Later in the investigation, the complaint's jewellery was discovered with the accused's wife. She was also attempting to flee, thus an investigation was launched against her too.

The accused's wife later approached the Karnataka High Court in response to the investigation. She filed a plea under section 482 of the Criminal Procedure Code to have the complaint against her dismissed under section 420 of the Indian Penal Code. However, the high court refused to dismiss the FIR filed against her.

After then, the appellant went to the Supreme Court. She stated at the Supreme Court that she is not engaged in any form of enticement as defined under section 420 of the Indian Penal Code.

According to the state, the complainant's gold jewellery was discovered in the possession of the appellant, making her a co-conspirator in the crime committed by her husband.

The court, however, after reviewing the case, determined that the whole claim in the case was made against the accused alone and that the complainant did not mention the appellant.

The court stated that in order to bring a case against a person under section 420 of the IPC, the accused must deceive or convince another person to deliver property deceptively. There is also no allegation that the appellant attempted to deceive or induce anyone.

As a result, the claims against the appellant to commit any offence under section 420 of the IPC are without merit, and the high court should correctly exercise its power under section 482 Cr.P.C. before dismissing the petitioner's appeal.

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