Cheating under the Indian Penal Code can be committed in three ways: 1) by fraudulently deceiving someone and inducing them to deliver property or consent to another retaining property; 2) by dishonestly inducing someone to deliver property or consent to another retaining property; or 3) by intentionally deceiving someone to do or omit doing something that causes harm. Cheating by personation involves pretending to be another person. Punishments for cheating range from 1-10 years imprisonment depending on the specifics of the offense. Case law examples provided further clarify what constitutes cheating and deception that induces delivery of property under criminal law.

1. 1
Criminal Law II
Cheating
 Act reference
 Cheating
Cheating
415. Whoever by deceiving any person,whether or
not such deception was the sole or main
inducement,— (a) 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 (b) intentionally
induces the person so deceived to do or omitto do
anything which he would not do or omitto do if he
were not so deceived and which act or omission
causes or is likely to cause damage or harm to any
person in body,mind,reputation, or property,
is said to “cheat”.
Explanation 1—A dishonestconcealmentoffacts is
a deception within the meaning ofthis section.
Explanation 2—Mere breach of contract is not of
itself proof of an original fraudulentintent.
Explanation 3—Whoever makes any representation
through any person acting as an agent, or
otherwise, for him,shall be deemed to have made
the representation himself.
ILLUSTRATIONS
(a) A, by falsely pretending to be in the Government
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 counterfeitmark on an article,
intentionally deceives Zinto a beliefthatthis 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 ofan article,
intentionally deceives Zinto believing thatthe article
corresponds with the sample,and thereby
dishonestly induces Z to buy and pay for the article.
A cheats.
(d) A, by tendering in paymentfor 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 notto 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 Zinto a beliefthatA
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 Zinto a beliefthat A
means to deliver to Z a certain quantity of pepper
which he does not intend to deliver, and thereby
dishonestly induces Z to advance money upon the
faith of such delivery.A cheats; butif A, at the time
of obtaining the money,intends to deliver the
pepper,and afterwards breaks his contractand
does not deliver it, he does not cheat, butis liable
only to a civil action for breach ofcontract.
(h) A intentionally deceives Zinto a beliefthat 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.A cheats.
 Section 415
 Cheating can be committed in
three ways:
 By fraudulently deceiving and
inducing the person so
deceived to (a) deliver any
property, or (b) consent to the
retention of any property by
any person;
 The person deceived must
have acted under the
influence of deceit and the
damage must not be too
remote.
 By dishonestly inducing the
person to deliver any property
or to give consent to the
retention of any property; and
 By intentionally inducing the
person deceived to do or to
omit to do anything which he
would not have done if he was
not so deceived and such act
of his, caused or was likely to
cause damage, or harm in
body, mind, reputation or
property.
 Ingredients for the offence of
cheating:
 Deception of any person;
 Fraudulently or dishonestly
inducing that person; and
 To deliver any property to any
person.

2. 2
 When there is delivery of any property
or destruction of any valuable security,
s 420 is attracted.
 Act reference for:
 Cheating by personation
 Punishment for cheating
 Cheating with knowledge that
wrongful loss may be thereby
caused to a person whose interest
the offender is bound to protect
 Punishment for cheating by
personation
 Cheating and dishonestly inducing
delivery of property
Cheating by personation
416. A person is said to “cheat by personation”,if
he cheats by pretending to be some other person,
or by knowingly substituting one person for another,
or representing thathe or any other person is a
person other than he or such other person really is.
Explanation—The offence is committed whether the
individual personated is a real or imaginary person.
ILLUSTRATIONS (a) A cheats by pretending to be
a certain rich banker ofthe same name.A cheats
by personation.(b) A cheats by pretending to be B,
a person who is deceased.A cheats by
personation.
Punishment for cheating
417. Whoever cheats shall be punished with
imprisonmentfor a term which may extend to five
years or with fine or with both.
Cheating with knowledge that wrongful loss
may be thereby caused to a person whose
interest the offender is bound to protect
418. 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
imprisonmentfor a term which may extend to seven
years or with fine or with both.
Punishment for cheating by personation
419. Whoever cheats by personation shall be
punished with imprisonmentfor a term which may
extend to seven years or with fine or with both.
Cheating and dishonestly inducing delivery of
property
420. Whoever cheats and thereby dishonestly
induces the person deceived,whether or not the
deception practiced was the sole or main
inducement,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 ofbeing converted
into a valuable security,shall be punished with
imprisonmentfor a term which shall not be less than
one year and not more than ten years and with
whipping,and shall also be liable to fine.
 Cases and principles
 Offence of cheating by personation
is committed when the accused
makes false representation as to
his name and qualifications for a
post in an application made to the
Public Service Commission, and
the Government appoints him to
the post on the recommendations
of the Commission. Deception of
the statutory body, PSC, is
deception of the government which
is the appointing authority, and
payment to the salary for the post
amounts to a delivery of ‘property’
within the meaning of s 415
(Kannumukkala Krishnamurthy v
State of AP).
 The appellant submitted a number
of false claims to the Government
of Burma located at Simla in 1942,
in respect of various works which
he claimed he had executed (and
for supply of materials) under the
instructions of various units of the
Army. Held, the very fact that the
claims were bogus and did not
accord with the true facts, leads to
the inference that the appellant
knew that the representation which
he was making in these claims
were false and so the appellant
was guilty of cheating under s 420
PC (Bakshish Singh Dhaliwal v
State of Punjab).