What is Section 420 IPC? Cheating & Fraud Explained
Published on: Lawiz Team
Learn about Section 420 IPC, its legal definition, punishment, how to file a case, and frequently asked questions.
Official Legal Text
Whoever cheats and dishonestly induces any person 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 seven years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 420 of the Indian Penal Code (IPC) punishes anyone who cheats another person and dishonestly induces them to deliver any property, valuable security, or to make or destroy a valuable document.
Purpose
To protect individuals from being cheated or deceived in a manner that causes them to lose their property or valuable security.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The accused must have committed an act of cheating. 2. The cheating must lead to the delivery of property, valuable security, or the alteration of a valuable document. 3. The intention must be dishonest.
Legal Defenses
The accused can defend themselves by proving that they did not act with dishonest intent or that the transaction was purely contractual without any element of cheating.
Judicial Interpretation
Courts have clarified that mere breach of contract does not amount to cheating under Section 420 unless there is a fraudulent or dishonest intention from the very beginning.
Illustration
If a person promises to sell a car to another person, takes payment, but deliberately fails to deliver the car, they can be punished under Section 420 for cheating.
Related Sections
Related to Section 415 (Cheating), Section 416 (Cheating by Personation), and Section 417 (Punishment for Cheating).
FAQs
Is Section 420 IPC a bailable offense?
No, it is a non-bailable offense under Indian law.
What are the penalties under Section 420 IPC?
A person convicted under Section 420 IPC can face up to 7 years of imprisonment and a fine.
How do I file a case under Section 420 IPC?
To file a case, visit the local police station and lodge an FIR with necessary evidence.
How do I defend myself if wrongly accused under Section 420 IPC?
Common defenses include proving lack of fraudulent intent, false accusations, and insufficient evidence.