What is Section 420 IPC ?
The section that deals with cheating in the Indian penal code is Section 420 which deals specifically with cheating and dishonestly inducing delivery of property and the maximum punishment that can be levied is imprisonment for a term of 7 years and a fine. Section 420 IPC or Indian Penal Code is a non bailable offence. When by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security there is a punishment prescribed for upto 7 Years imprisonment with Fine and is a Cognizable and non-Bailable to tried by a First Class Magistrate.
What the Hon’ble Supreme Court says about Cheating?
The Supreme Court has categorically stated that while prosecuting a person for the offence of cheating punishable under Section 420 of the Indian Penal Code, it is to be seen whether the deceitful act of cheating was coupled with an inducement leading to the parting of any property by the complainant.
Is Section 420 IPC a Non Bailable Offence?
Offence under section 420 is a non bailable offence. S.420 IPC Offenses do not result From Mere Cheating; Accused Must Dishonestly Persuade Cheated Person To Deliver Property. Keeping in mind that with the permission of the court it is a compoundable offence with the permission of the court which means that it can be quashed in high court under section 482 CrPC i.e when both parties decide to settle the matter.
Is the offence under section 420 IPC a cognizable offence?
It is a Cognizable which means that the Police can arrest without a warrant.
Is offence under section 420 IPC a compoundable offence?
An offence of Section 420 is compoundable but with permission of the court however an offence of Section 406 is not compoundable . Both these sections work hand in hand . Section 406 deals with criminal breach of trust.
Understanding the basics of Section 420 IPC
What it really means that the person has been guilty of making a false representation and was also aware of making it at that time and knew it to be false representation with dishonest intent of deceiving the other person and as a result of the false representation the person has induced the other person to deliver property and /or to take such action or refrain from such action which in the normal course would not have taken place.
Previous offenders repeating the same offence again
Penalties for repeat offenders are always going to be more severe. The court may take into account the offender’s prior conviction for a comparable offense when imposing a sentence.
Understanding the Proceedings in Criminal Trial
Criminal Law is governed by the Code of Criminal Procedure, 1973 (CrPC).
Investigation:
First an FIR is registered after which there will be an investigation and thereafter the arrest of the accused person thereafter the accused will be presented before the Magistrate within 24 hrs .
Final Report:
Final report under Section 173 is submitted after the investigation. Thereafter charge sheet is filed
Plea :
Plea of accused is the next step. charges framed are read and explained to the accused person. In most cases the accused would plead not guilty although it depends on the accused. If the accused pleads not guilty then the trial begins.
Prosecution Evidence:
Thereafter the Prosecution would present evidence which is to prove the guilt of the accused .
Statement of Accused:
The accused person is given opportunity to provide explanation with regards to the evidence presented against the accused person .This is after the argument of prosecution.
Defence Evidence:
The defence gets ample opportunity to present evidence to defend himself /herself.
Final Arguments:
This is the interesting part at the end of the trial. Both the counsels will produce their respective evidences with documents exhibited and will try their best to convince the Magistrate of their chances in the case with relevant judgments of various high courts and Supreme Court. It is always best to rely upon the Judgments of the Hon’ble Supreme Court.
Final Judgment:
Final hour comes when the Court will finally decide the fate of the case either to convict the accused person or acquit the accused person.
Appeals under Code of Criminal Procedure
If the accused person is convicted then he may apply for appeal and in case the accused is exonerated then the opposite party may file an appeal before the Higher Court. You may click here to get in touch with us. Thereafter if required criminal revision application.
Criminal Defense Attorney required for bail
An expert criminal lawyer in such cases is required for filing a bail application as it is a non bailable offence. Advocate Tapan Choudhury can be reached at 9873628941 . You may also visit his website