Sunday, 26 August 2018

Notes on criminal misappropriation of property,criminal breach of trust and cheating

Criminal misappropriation of property( S 403 of IPC) 
A person commits criminal misappropriation if he
1) dishonestly misappropriates or converts to his own use,
2) any movable property.
  The offence of criminal misappropriation takes place where the initial possession is innocent,but the retention thereof becomes wrongful and fraudulent by a subsequent change of intention or from knowledge of some new fact not previously known to the party.
Criminal breach of trust( S 405 of IPC)

Whoever being in any manner entrusted with property or dominion over property misappropriates,or converts to his own use or uses or disposes of that property in violation of 
-a direction of law prescribing the mode in which such trust is to be discharged,or
-a legal contract-express or implied- which he has made touching the discharge of such trust-
or wilfully suffers another person so to do-
commits criminal breach of trust.
  Under this section there must be entrustment of property.
S 409 of IPC- Criminal breach of trust by public servant,or by banker,merchant or agent
:- Whoever being in any manner entrusted with property,or with any dominion over property in his capacity of a public servant commits criminal breach of trust in respect of that property shall be punished with imprisonment for life or for ten years and shall also be liable to fine.
Cheating( S 415 of IPC)
ingredients
1) deception by the accused
2) (a) Fraudulently or dishonestly inducing the complainant-
x) to deliver any property to any person;or
y)to consent that any person shall retain any property;or
(b) intentionally inducing the complainant 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 complainant in body,mind, reputation or property.
 A dishonest concealment of facts is a deception within the meaning of this section. Offence of cheating will be complete even if the person deceived is other than the one on whom deception is practised.
 Similarly, it is not necessary that there should be an intent to deceive any particular individual.If a false prospectus or balance sheet is issued to the public,the person issuing it will be guilty of cheating although there was no intention to deceive anyone in particular.
Mere puffing of goods by a vendor is no offence.
Mere failure  to honour promise does not constitute the offence of cheating.
Cheating by personation( S 416 of IPC)
Ingredients- In the case of cheating by personation,the prosecution must prove:
1) that the accused cheated the complainant;and
2) that he did so-
x) by pretending to be some other person;or
y)by knowingly substituting one person for another;or 
z)by representing that he,or some other person is a person other than the person he really is.

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