Section 415 of Indian Penal Code and case laws

415. 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. Illustrations

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.

(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.

(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.

415 IPC Case Laws (Supreme Court and High Courts)

Hari Sao v. State of Bihar AIR 1970 SC 843

Ram Das v. State of UP 1971 2 SCJ 264

Fazlur Rahman v. Surinder Kumar 1977 Cr. L.J. (NOC) 15 (HP)

Ratan Lal Sharma v. Mangeram Ghanshyamdas 1977 Cr. LJ (NOC) 19 (Mad.)

N. M. Chakraborty v. State 1977 Cr. L.J. 961 (SC)

Kanumukkia Krishnamurthy v. State of Madras AIR 1965 SC 333

Abhayanand Misra v. State of Bihar AIR 1961 SC 1698

Kalee Modock (1872( 18 WR (Cr.) 61

Uma Dutta v. Mahadevan 1993 Cri. LJ 3231 (Orissa)

R.K. Dalmia v. Delhi Administration aIR 1962 SC 1821

Meherbanji Bejanji (1969) 6 BHC (Cr. C) 6

Dayabhai Parjam (1864) 1 BHC 140

Paras Ram (1903) PR No. 25 of 1903

Ram Jas, AIR 1974 SC 1811 and 1970 SCC 740

Sheo Prasad AIR 1926 Pat. 267

Jibrial Diwan v. State of Maharashtra 1997 Cri. L.J. 4070 (SC)