Prepared By.

RANA HAMZA MAJEED JOIYA ADVOCATE DOSTRICT COURTS OKARA.

CELL # 03337490790 & 03450238190. Hamzamajeedjoiya90@gmail.com

Q. Write a detailed note on Cheating and punishment prescribed by the

Pakistan Penal Code 1860.

1. INTRODUCTION.

Pakistan Penal Code 1860 has described some offences, which can be
committed against property. Cheating is one of these offences. In fact, cheating is
considered specific criminal offence against property. Cheating is fraudulently or
dishonestly inducing a person deceived to deliver any property or to do or to omit
to do something which is likely to cause that person damage or harm in body,
mind, reputation or property. The offence of cheating is placed under the heading
of Offences against property for the reason that basically the body, mind and
reputation are also ‘property’ of the ‘self’ who manipulates and enjoys them.

2. RELEVANT PROVISIONS.

Sections 415 to 420 of Pakistan Penal Code 1860.

3. MEANING OF CHEATING.

Cheating means to deprive some body of something valuable by the use of

deceit or fraud.

4. DEFINITION OF CHEATING.

(I). Common Law Definition of Cheating.

“Cheating at common law was a fraud perpetrated, by means of a false

symbol or token, such as selling goods by false weights or measures, or other like
act or thing of a character calculated to deceive and defraud the public or the
individual to their pecuniary injury, and against which ordinary prudence could
not guard.”
(II). Cheating Under Section 415 of Pakistan Penal Code 1860.

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  1[or any other 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 w a house with which ‘A’
keeps no money and by which ‘A’ expects that the bill will be dishonoured,
intentionally deceives ‘Z’ and thereby dishonestly induces ‘Z’ to deliver the
article, intending not to pay for ft. ‘A’ cheats.
 
(e). ‘A’, by pledging as diamonds articles which ft 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 2 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 ‘S’. ‘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.

5. INGREDIENTS OF CHEATING UNDER SECTION 415 OF PAKISTAN PENAL CODE

1860.

Following are 4 important ingredients of the offence of Cheating under

Section 415 of Pakistan Penal Code 1860.

(I). Fraudulent or Dishonest Inducement.

There should be fraudulent or dishonest inducement. As where there is no

element of fraud or dishonest inducement, there can be no offence of cheating
under this section. So in order to secure conviction under this section, there must
be a fraudulent or dishonest inducement of person by deceiving him.

(II). Induced to Deliver Property.

 Another ingredient of the offence of cheating is that the person so deceived
should be induced to deliver any property to any person or to consent that any
person shall retain any property. As if the person so deceived is not induced by
such deception to deliver any property to any person or consent that any person
shall retain any property, there is no offence of cheating under this section.

(III). Induced to Do or Omit to Do A Thing.

The third ingredient is that the person so deceived should be intentionally

induced to or omits to do anything which he would not do or omit if he were not
so deceived. As mere deception is not sufficient to constitute the offence of
cheating. There must have been shown that the person so deceived was induced
by such deception to do or omit to do a thing which he would not do or omit if he
were not so deceived.

(IV). Damage or Harm to Body, Mind Etc.

In order to constitute the offence of cheating the transaction must involve

some harm or danger in body mind reputation or property. It follows that it is not
necessary that the act which the person deceived is induced to do should actually
cause harm to him. It is enough that the act which the person deceived has been
induced to perform is likely to cause harm to him.

6. CHEATING BY PERSONATION UNDER SECTION 416 OF PAKISTAN PENAL CODE

1860.

A person is said to "cheat by personation" if he cheats by pretending to be

some other person, or by knowingly substituting one person for another, or
representing that he or any other person is a person other than he or such other
person really is.

Explanation: 
The offence is committed whether the individual personated is a real or
imaginary person.

Illustrations.
(a). A cheats by pretending to be a certain rich banker of the same name, A cheats
by personation.

(I). Ingredients of Cheating By Person.

Following are the ingredients of the offence of cheating by personation

under section 416 of Pakistan Penal Code 1860.

(i). Pretension by a person to be some other person.

(ii). knowingly substituting one person for another.

(iii). Representation that the person representing or any other person is a person
other than he or such other person really is.

7. PUNISHMENT FOR CHEATING UNDER SECTION 417 OF PAKISTAN PENAL CODE

1860.

Whoever cheats shall be punished with imprisonment of either description

for a term, which may extend to 1 year, or with fine, or with both.

8. CHEATING WITH KNOWLEDGE THAT WRONGFUL LOSS MAY ENSUE TO

PERSON WHOSE INTEREST OFFENDER IS BOUND TO PROTECT UNDER SECTION
418 OF PAKISTAN PENAL CODE 1860.

Whoever cheats with the knowledge that he is likely thereby to cause

wrongful loss to a person whose interest in the transaction to which the cheating
relates, he was bound either by law, or by legal contract, to protect shall be
punished with imprisonment of either description for a term which may extend to
3 years, or with fine, or with both.

9. PUNISHMENT FOR CHEATING BY PERSONATION UNDER SECTION 419 OF

PAKISTAN PENAL CODE 1860.

Whoever cheats by personation shall be punished with imprisonment of

either description for a term which may extend to 7 years, or with fine, or with
both.
10. CHEATING AND DISHONESTLY INDUCING DELIVERY OF PROPERTY UNDER
SECTION 420 OF PAKISTAN PENAL CODE 1860.

Whoever cheats and thereby dishonestly induces the person deceived to

deliver any property to any person, or to make, alter or destroy the whole or any
part of a valuable security, or anything which is signed or sealed, and which is
capable of being converted into a valuable security, shall be punished with
imprisonment, of either description for a term which may extend to 7 years, and
shall also be liable to fine.

11. PURPOSE OF CHEATING.

Purpose of cheating can be deception and fraudulent inducement for

delivery or retaining of an property or deception and intentional inducement for
causing harm to someone in body, mind, reputation or property.

12. BURDEN OF PROOF.

Prosecution is under to prove that offender has cheated affected person for
delivery or retaining of any property or for causing harm to him or any other
person in body, mind, reputation or property.

13. CONCLUSION.

The pith and marrow of all the previous discussion there is no iota untruth
shows that cheating by personation is also an offence under Pakistan Penal Code
1860. Such offence can be committed regarding real or imaginary person.
Cheating may be affected either by fraudulently or dishonestly inducing a person
to deliver property, etc, or by intentionally inducing a person to do or omit to do
something which causes damage to such person.