Of cheating
Cheating.
- (1) 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 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 on 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 it. A cheats.
(e) A, by pledging as diamonds articles which he 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 Z
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.
(i) A sells and conveys an estate to B. 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.
(2) Whoever cheats shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
(3) 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 a legal contract, to protect, shall be punished with imprisonment
of either description for a term which may extend to five years, or with fine, or with both.
(4) 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 seven years, and shall also be liable to fine.