Cheating

What this section does

This section defines cheating and prescribes graduated punishments. Cheating involves deceiving a person to fraudulently or dishonestly induce delivery of property, consent to retention of property, or to do or omit something causing damage or harm. Punishments increase where the accused owed a duty to protect the victim's interests or where the cheating induced delivery of property or alteration of a valuable security.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Basic cheating (sub-section 2): imprisonment of either description up to 3 years, or fine, or both. Cheating in breach of duty to protect victim's interest (sub-section 3): up to 5 years, or fine, or both. Cheating inducing delivery of property or alteration/destruction of valuable security (sub-section 4): up to 7 years, and fine.

Triable by

Magistrate of First Class

Cognizable

Depends

Bailable

Depends

Compoundable

Depends

Ingredients (what prosecution must prove)

1. The accused deceived a person (including by dishonest concealment of facts)
2. By such deception, the accused fraudulently or dishonestly induced the victim to deliver property or consent to its retention, OR intentionally induced the victim to do or omit something they would not otherwise do or omit
3. Such act or omission caused or was likely to cause damage or harm to the victim in body, mind, reputation, or property

• IPC Section 420 — Cheating