Cheating by Private Person

Cheating by Private Person
Presented By:
Sakar Budhathoki
Shuruchi Uprety
Anshika Sah
Swastika Oli
Group no- 33
Team members and topic
• Sakar - Introduction
• Shuruchi – Nepali laws
• Anshika -International Provisions
• Swastika - Cases
Cheating
•The obtaining of money or property by means of a false token, symbol, or

device; this being the definition of a cheat or “cheating” at common law.
•Section 415 of IPC 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”.
Types of cheating
• Cheating by public office

• Cheating by private person
• Cheating by contractor
• Cheating by Suppliers
Examples
•A makes clothes in his house and claims it to be a

branded company clothes by just putting a logo And
shells it.
•Selling second grade item by using first grade sample.
•Buy goods on credit and has no intention to pay.
What is not a cheating
•Intention
•Difference with an example
•A shells apples to B by telling its mustang apple to a
chinese apple with an intention to deceive, - it’s a cheating
•A shells apples to B by telling its mustang apple unaware
of knowing its chinese apple. -it’s not a cheating.
Limitation to presentation
•Provision of adultery
Sexual relations between a married person
and someone other than the spouse.
i.e. Cheating to the spouse.
Nepali Laws
Manab Nyaya Sastra
.Chapter on stealing proclaimed by Narada
There are two types of thugs (cheats) who loot other's property. One who loots
behind the owner and one loots in front of the owner.
Those who directly cheat people are as following: (1) One who takes others
wealth by Tantra Mantra (2) One who uses fraudulent weights and measures (3)
One who takes bribe (4) Violent robbers (5) Gamblers (6) Prostitutes (7) one
who copies the design (8) One who makes livelihood by telling (fortunes).
The indirect thugs and thieves attack or rob when members of family are
intoxicated or asleep.
Muluki Ain 2020
Part 4 Chapter-3 Cheating
Number 1. If a person takes or gives, or causes to be taken or given, any
movable or immovable property (Dhanmal) which the person has no right in
and belongs to other or the property which is in other’s custody or control, by
way of luring or conspiracy, or prepares, gives and submits any fraudulent
document regarding the property which the person has no right in or deceives
that any matter that is not with him or her is with him or her, or lies something
which is not true (Gaflat), or makes fraud, or gives, takes, sells or exchanges
some other's property upon pretending that the property of somebody else
belongs to him or her or has come into his or her ownership, the person shall be
deemed to have committed the offence of cheating.
Number 2. If a person does any act yielding benefits to the person and causing loss to
another person by way of deceiving, misrepresenting or misleading the other person,
with mala fide intention or with intention to escape punishment for an offense, or by
lying that the name does not belong to him or her but belongs to somebody else, or the
person in question is not him or her but is somebody else and by deceiving upon
saying that some other's name is his or her and that the person in question is him or
her, and deceives the person or knowingly causes another person to state such matter
or by any other means whatsoever, the person shall be deemed to have committed the
offence of cheating
Number 4. If the amount of cheating can be determined, such an amount shall be
realizable by the victim from the cheater and the cheater shall be punished with a fine
equal to the amount so cheated, and if the amount so cheated cannot be determined,
the cheater shall be punished with a fine of up to Five Thousand Rupees and
imprisonment for a term not exceeding Five years.
Muluki Criminal Code 2074
249. Prohibition of cheating: (1) No person shall commit, or cause to be committed, cheating.
(2) For the purposes of sub-section (1), a person who dishonestly causes any kind of loss, damage
or injury to another person whom he or she makes believe in some matter or to any other person or
obtains any benefit for him or her or any one else by omitting to do as per such belief or by
inducement, fraudulent, dishonest or otherwise deceptive act or preventing such other person from
doing any act shall be considered to commit cheating.
3 (b) A sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty
thousand rupees, in the case of cheating by lying one's name, designation, title, qualification,
(4) A sentence of imprisonment for a term not exceeding one year, in addition to the sentence set
forth in sub-section (3), shall be imposed in the case of cheating a child, person of unsound mind,
helpless, illiterate or person above seventy-five years of age.
International Provisions
United Kingdom
•The offence of deception is a statutory offence under section 15 of the theft act 1968.
•Here " deception" means any deception (whether deliberate or reckless) by words or
conduct as to fact or as to law, including a deception as to the present intentions of the
person using the deception or any other person.
•Theft act 1968 sec 15- A person who by any deception dishonestly obtain property
belonging to another, with intent to permanently depriving the other of it shall on conviction
on indictment be liable to imprisonment for a term not exceeding ten years.
•Theft act 1968 sec 16- A person who by any deception dishonestly obtains for himself or
another any pecuniary advantage shall on conviction on indictment be liable to
imprisonment for a term not exceeding five years.
•A person dishonestly secures the remission of the whole or part of any existing liability to
make a payment, whether his own liability or another's then he shall be guilty of an offence.
U.S
•Federal fraud law is defined under 18 U.S.C. § 1001 as knowingly and intentionally
doing any of the following:
- Falsifying, concealing, or covering up by any trick, scheme, or device a
material fact;
- Making any materially false, fictitious, or fraudulent statement or
representation; or
- Making or using any false writing or document knowing the same to contain
any materially false, fictitious, or fraudulent statement or entry.
•18 U.S. Code § 1028 - Fraud and related activity in connection with identification
documents, authentication features, and information
India
•Cheating is defined under Section 415 of the Indian Penal Code as whoever fraudulently or
dishonestly deceives a person in order to induce that person to deliver a property to any person
or to consent to retain any property. If a person intentionally induces a person to do or omit to
do any act which he would not have done if he was not deceived to do so and the act has
caused harm to that person in body, mind, reputation or property, then the person who
fraudulently, dishonestly or intentionally induced the other person is said to cheat.
•According Sec 420 of IPC when a person cheats and thereby dishonestly induces the other
person who is deceived to deliver any property to any other person or makes, alters or destroys
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.
Case: Abhayanand Mishra v. State of Bihar,
•Under Section 416 of IPC, cheating by personation is explained as if a person cheats
on someone by pretending to be a particular person, or if a person knowingly
substitutes a particular person for another, or represents a person to be some other
person then he is said to cheat by personation. The person substituting a person for
another should have knowledge that such other person is a different person from the
person he is representing. The offence of cheating by personation is committed when
the person who is personated is a real person and not an imaginary person.
Case: Sushil Kumar Datta vs State
Cases Relating Cheating
Case 1
Supreme court joint bench
Kalyan shrestha
Devendra gopal shrestha
Murari Ghimire Vs Akaal ratna shahi

Decision no 9228
Case 2
Supreme court bench
Tahir Ali Ansari
Bharatraj upreti
We yu jiang vs Dhruba timsina along Nepal Government

Decision no 8809
Case 3
Buddhiraj Bartaula Vs Shivanath Bartaula
Nkp 2055
Decision no 6646
Case 4
Mutuk yadhav vs siyawati yadawani
Nkp 2056
Decision no 6818
Thank You!!

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Cheating by Private Person

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Cheating by Private Person

•The obtaining of money or property by means of a false token, symbol, or

• Cheating by public office

•A makes clothes in his house and claims it to be a

Murari Ghimire Vs Akaal ratna shahi

We yu jiang vs Dhruba timsina along Nepal Government

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