(A). False Pretenee.

Section 304 Penal Code Act Cap 120 - Definition of false pretence
“Any representation made by words, writing or conduct, of a matter of fact, either past or present,
which representation is false in fact, and which the person making it knows to be false or does not
believe to be true, is a false pretence.”
This is the making of a representation that a certain state of affairs exists, by either conduct or
spoken words which the maker knows to be false or does not believe to be true.

The ingredients include;

(a). Subject matter, only things capable of being stolen can be

obtained by false pretense. Land and other intangible objects such as a job cannot be stolen thus
not a subject to false pretense.

(b). Obtaining, the accused must have obtained the object with
intent to defraud.

(c) .Pretense, a representation made by words, writing or conduct of a matter

of fact and which the person who makes it knows to be false or believes not to be true.

In R v Jennison (1862)41, the defendant induced a woman by not only promising marriage
but also presenting to be single; yet married. It was held that he had been rightly convicted of
obtaining the woman’s money by false pretense

Other provisions of the law under false pretence includes;

S.305 PCA- Obtaining goods by false pretence.

“Any person who by any false pretence, and with intent to defraud, obtains from any other
person anything capable of being stolen, or induces any other person to deliver to any
person anything capable of being stolen, commits a felony and is liable to imprisonment for
five years.”

S.306 PCA - Obtaining execution of a security by false pretence.

“Any person who by any false pretence, and with intent to defraud, induces any person to
execute, make, accept, endorse, alter or destroy the whole or any part of any valuable
security, or to write any name or impress or affix any seal upon or to any paper or
parchment in order that it may be afterwards made or converted into or used or dealt with
as a valuable security, commits a misdemeanour and is liable to imprisonment for five
years.”
 CHEATING

Section 307 of the Penal code Act cap 120 states that

“Any person who by means of any fraudulent trick or device obtains from any other person
anything capable of being stolen, or induces any other person to deliver to any person anything
capable of being stolen or to pay or deliver to any person any money or goods or any greater
sum of money or greater quantity of goods than he or she would have paid or delivered but for
such trick or device, commits a misdemeanour and is liable to imprisonment for three years.”

The ingredients of cheating may include;

(a). fraudulent trick or device obtains from any other person anything capable of being stolen,

(b). Induces any other person to deliver to any person anything capable of being stolen or to
pay or deliver to any person any money or goods or any greater sum of money or greater
quantity of goods than he or she would have paid or delivered but for such trick or device,

(B). FORGERY
Covered under chapter 33 of the Penal Code Act Cap 120.
Section 342, 345,346, 347.348,350 among others.

Section 342 of Penal Code Act Cap 120 - Defines Forgery as

“Forgery is the making of a false document with intent to defraud or to deceive.”

S.351 PCA states that “Any person who knowingly and fraudulently utters a false document
commits an offence of the same kind and is liable to the same punishment as if he or she
had forged the thing in question.”

The foregoing standard is well summarized by Gordie J in Alfred Z Rubashoka Vs Uganda

(1971) ULR 17 that
“The inculpatory facts must be incompatible with the innocence of the accused and they must
be incapable of explanation in any other reasonable hypothesis than that of guilt”
 See Uganda V Kazinda.

Ingredients of forgery includes;

Forgery under section 342 and 347 of The Penal Code Act. —

(a). This offence entails the making of a false document.

(b). with intent to defraud or deceive and proof that the document was made by the accused
person.
(c). It involves making a document purporting to be what in fact it is not or making a material
alteration to a document it.

(d). Forgery is the false making of an instrument purporting to be that which it is not; it is not the
making of an instrument which purports to be what it really is, but which contains false
statements.

(e). The false document must be clearly stated in the charge sheet and identified at the trial.

(F). The prosecution cannot expand its case to rely on the falsity of other documents that are
attached or annexed to the document specified in the charge sheet.