Legal Status of Cheating in Property Offences in Nepal

1. Presenter: Bivek Chaudhary
Nepal Law Campus 4th Sem

3. What is cheating ?
• In general terms, cheating refers to the act of deceiving or misleading
someone in order to gain an unfair advantage, typically for personal
or financial gain. It involves dishonesty, breach of trust, or fraudulent
conduct intended to deceive or defraud another person.
• It is Majorly non-bailable offences. Non-bailable offenses are
generally more serious in nature, and the accused is not entitled to
immediate release on bail. In such cases, the accused needs to
approach the court for bail and present grounds justifying their
release.
Note that the classification of an offense as bailable or non-bailable can also depend on various factors, including the
circumstances surrounding the offense, the amount of financial loss involved, and the criminal record of the accused.
Additionally, bail decisions are ultimately at the discretion of the court, which takes into consideration the specific
facts and circumstances of each case.

4. Examples of Property-Related Cheating:
• Forgery: Creating or manipulating documents to deceive and gain
property benefit.
• Misrepresentation: Falsely presenting information to acquire
property.
• Fraudulent misappropriation: Dishonestly taking or misusing
someone else's property.
• Deceptive land deals: Cheating in transactions related to land or
property ownership.

5. Examples (Examples)
• Forgery: Faking a signature on a land transfer document to illegally
claim ownership.
• Misrepresentation: Lying about the boundaries of a property to sell it
at a higher price.
• Fraudulent misappropriation: Taking a rental deposit but refusing to
return it after the lease ends.
• Deceptive land deals: Selling a plot of land that secretly has legal
disputes or ownership claims.

6. Formal Definitions of Cheating in Nepal
1. General Definition:
• Act: Dishonestly causing any kind of loss, damage, or injury to another person.
• Method:
Making someone believe in something false.
Obtaining benefit for oneself or others through deception.
Preventing someone from acting through deception.
Using fraudulent, dishonest, or deceptive acts.
• Scope: Applies to any person or entity, including the government and individuals
with vulnerabilities (children, disabled, illiterate, elderly).

7. 2. Specific Elements:
• Dishonesty: Intention to deceive or mislead.
• Loss, Damage, or Injury: Negative impact on the victim, which can be
tangible or intangible.
• Method: Any action or omission that fulfills the criteria of deception.
• Benefit: Personal gain or advantage accrued through cheating.
• Belief: The victim's reliance on the false information presented by the
cheater.

8. 3. Consequences:
Punishment: Varies depending on the severity of the cheating and who is
affected.
• Government-related cheating: Maximum 10 years imprisonment and one
hundred thousand rupees fine.
• Identity-related cheating: Maximum 5 years imprisonment and 50,000
rupees fine.
• Other cases: Maximum 7 years imprisonment and 70,000 rupees fine.
Additional 1 year imprisonment for cheating vulnerable individuals (a child,
person of unsound mind, helpless, illiterate or person above seventy-five)

9. Major Ground which are taken in Consideration to
determine whether to regard a Act of Cheating
performed: Either to Grant a bail or deny them:
Severity of the offense Criminal history of the
accused
Threat to the victim or
witnesses:
Likelihood of absconding
Nature and strength of
evidence

10. 1. Severity of the offense: Serious cases involving large amounts of money, organized scams,
or multiple victims are less likely to be considered for bail. The more severe the offense, the
higher the chances of the offense being considered non-bailable.
2. Criminal history of the accused: If the accused has a criminal record or prior convictions,
especially for similar offenses, it may adversely affect their chances of being granted bail.
Repeat offenders may be perceived as a flight risk or potential threats to society.
3. Threat to the victim or witnesses: If there is evidence indicating that the accused may pose
a threat to the victim or witnesses, such as intimidation or attempts to influence the case, it
may affect their chances of receiving bail.
4. Likelihood of absconding: If there is a perceived risk that the accused may attempt to flee
to evade prosecution, it may diminish the chances of being granted bail.
5. Nature and strength of evidence: The court may consider the nature and strength of the
evidence against the accused. If the evidence against the accused is strong, the court may be
less inclined to grant bail.

11. Elements of Cheating:
In the context of cheating, there are certain elements that need to be established to prove
the offense. These elements may vary depending on the jurisdiction and the specific laws
applicable. However, there are some common elements that are generally required to
establish the offense of cheating. These include:
These elements must be proven beyond a reasonable doubt in a court of law to
establish the offense of cheating.
Deception or fraudulent actions
Delivery or transfer of property
Damage or harm caused
Dishonest intention

12. 1. Deception or fraudulent actions: The accused must have deceived or
fraudulently induced the victim into taking certain actions or parting with
property.
2. Dishonest intention: The accused must have acted with dishonest intent,
intending to gain wrongful gain for themselves or cause wrongful loss to the
victim.
3. Delivery or transfer of property: The victim must have delivered or
transferred property, either directly or indirectly, as a result of the deception
or fraudulent actions.
4. Damage or harm caused: The victim must have suffered some form of
damage or harm, whether it is financial loss, mental anguish, or reputational
damage, as a result of the cheating.
Hriday Ranjan Prasad Verma V. State of Bihar ( In the case S.C of India has established the essentails elements of cheating under
IPC. It emphasizes that dishonest intention or fraudulent or dishonest inducement must to proved to establish cheating.

13. Muluki Ain
National Criminal Code
Chpater-21
249- 255

14. Provisions relating to chapter of cheating of Muluki Ain 2020 B.S.
ठगीको १ नं. अनुसार
कसैले आफनो हक नपुग्ने अकााको हकको चल–अचल धनमाल हक पुग्नेलाई वा जसका
जजम्मामा रहेको छ उसलाई ललाई–फकाई वा जाल पररपन्च गरी वा आफनो हक
नभएको सम्पजिमा आफनो हक पुग्ने कीर्ते कागज बनाई, जिई वा पेश गरी वा आफ
ू संग
नभएको क
ु रा आफ
ू संग छ भनी झुक्याई वा झुठो क
ु रालाई सद्दे हो भनी झुक्याई वा
अरू जुनसुक
ै व्यहोरासंग धोका जिई गफलर्तमा पारी आफनो हक नपुग्ने अकााको
हकको चल–अचल धनमाल जलए जिए जिलाएमा वा अकााको माल मेरो हो भनी वा मेरो
भएको छ भनी जलखर्त गरी वा नगरी सोही माल जलए जिए जबक्री व्यवहार गरेमा वा
सट्टापट्टा गरी जलएमा ठगी गरेको ठहछा ।

15. ठगीको २ नं. अनुसार
कसैले आफनो नाउँ ढाटी सो नाउँ मेरो होइन, अक
ै को हो भनी वा सो
माजनस म होइन अक
ै हो भनी र अको माजनसको नाउँलाई मेरो हो सो
माजनस मै हँ भनी भन्नु वा त्यस्तो क
ु रा अकााबाट जानी बुझी भनाउनु भनी
जिनु इत्याजि जुनसुक
ै क
ु रो गरी होस् कसूर सजायबाट बच्नाका लाजग वा
बेइमानीका जनयर्तसंग अरू कसैलाई धोका, गफलर्त वा झुक्यानमा पारी
अकााको नोक्सान वा आफनो फाइिा हने काम गरेमा ठगी गरेको ठहछा ।

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19. What changes were made in National Criminal
Code 2074 in comparison to Muluki Ain 2020
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21. SUO MOTO POWER EXCERISED BY
COURT IN OFFCENCES RELATING
CHEATING
Consumer Protection, Environment Protection, Public Interest Matters

22. Cheating in the Cyber World:

23. What is Cyber Cheating?
Cyber cheating, also known as online infidelity, refers to engaging in
behaviors within a committed relationship that are considered
inappropriate or disrespectful, but happen entirely through digital
platforms. These behaviors can range in severity and definition
depending on the individual or couple's values and boundaries.

24. Here are some key aspects of cyber cheating:
Platforms and Activities:
• Messaging apps: Sending flirty or sexually suggestive messages to
someone other than your partner through texting, WhatsApp, Telegram,
etc.
• Social media: Engaging in excessive communication or intimacy with
someone else through online platforms like Facebook, Instagram, Twitter,
etc. This could include private messaging, sharing intimate photos or
videos, or commenting with suggestive or flirty language.
• Dating websites and apps: Using dating platforms while in a committed
relationship, even if it's just for browsing or casual conversation.
• Online gaming: Developing close emotional bonds or engaging in romantic
interactions with other players in online games.

25. Emotional vs. Physical:
• While cyber cheating typically doesn't involve physical contact, it can
still be emotionally damaging to the relationship. The
secrecy, intimacy, and emotional connection developed online can be
deeply hurtful to the betrayed partner.
• The extent to which online behavior constitutes cheating is often
subjective and depends on individual boundaries and agreements
within the relationship. Some couples may be comfortable with
certain online interactions, while others may consider them off-limits.

26. Deeper Diver in Cyber World: ( Playing with
human brain in most advance way)
Social engineering is the most Important Technique used by digital
criminals or digital knowledge people as a tool for cheating

27. SCAM = CHEATING
Modern Traditional

28. The terms "scam" and "cheating" in the digital world : (
Cheating a traditional form , Scam Modern Form in the
context of Cyber World )
A. Catfishing: A person creates a fake online profile with a stolen
identity to lure people into romantic relationships, often with the goal
of financial exploitation or emotional manipulation. This can be
considered both a scam and a form of cheating, as it involves
deception, false pretenses, and often financial or emotional harm.
B. Fake Online Reviews: A business owner pays people to write
positive reviews about their products or services, misleading potential
customers and creating an unfair advantage. This can be seen as both a
scam (deceiving consumers for financial gain) and cheating (violating
ethical business practices).

29. Other Major Forms of Cyber Cheating:
Academic Cheating ( Plagiarism)
Finical Cheating ( hacking into bank accounts,
steal money, ,manipulate finical system )
Gaming Cheating ( Wall hacks, lucky patcher)

30. SCAM CALL ARE ALSO REGARDED AS CHEATING : Canada High Court

31. INTERNATIONAL

32. INDIA
The Bharatiya Nyaya Sanhita replaced the Indian Penal Code-1860
The Bharatiya Nagarik Suraksha Sanhita replaced the CrPC of 1973
• IPC was the principal criminal code of India that defines crimes and provides punishments for almost all kinds
of criminal and actionable wrongs.
• CrPC was the procedural law that provides a detailed procedure for punishments under penal laws.

33. Indian Penal Code 1860:
• Section 415 to 420 of the IPC pertains to offense relating to cheating.
Cheating generally involves making false representations or dishonestly
inducing a person to deliver property or to consent to any property being
retained.
• The Jurisdiction for trying offense of cheating lies with the magistrates's
court, where the value of the property involved does not exceed INR
2,00,000. If the value of the property exceeds INR 2,00,000, then the case is
tried by the court of sessions.

34. Examples of activities that are considered as
cheating under the Indian Penal Code:
Cheating Under IPC
Investment Scams
Marriage Fraud
Online Fraud
Examination Cheating
Ponzi Schemes
Real State Fraud
Employment Fraud
Insurance Fraud

35. Promise to marry is 376 or 420 IPC?
420: Cheating
376 : Punishment for Rape
refusing to marry after having a sexual relationship does not constitute the
offense of rape. Due to the lack of proper guidelines, it all depends on the
court’s decisions that rely on the facts and circumstances in the particular
case while determining the question of rape on a false promise to marry.
if a girl feels cheated due to a broken promise to marry, she can file a
complaint under Section 420 (cheating) or Section 376 (punishment for
rape) depending on the circumstances and the intentions of the accused.–

36. Bharatiya Nyaya Sanhita:
Section: 318 to 323
Section 318:
(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.

37. Section 319: ( Cheating by personation)
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 or another, or representing that he
or any other person is a person other than he or such other person really is.
Section 320: (Dishonest or fraudulent removal or concealment of property to prevent
distribution among creditors.
Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or
transfers or causes to be transferred to any person, without adequate consideration, any
property, intending thereby to prevent, or knowing it to be likely that he will thereby
prevent, the distribution of that property according to law among his creditors or the
creditors of any other person, shall be punished with imprisonment of either description
for a term which shall not be less than six months but which may extend to two years, or
with fine, or with both

38. Section 321: (Dishonestly or fraudulently preventing debt being
available for creditors.)
Whoever dishonestly or fraudulently prevents any debt or demand due to himself
or to any other person from being made available according to law for payment of
his debts or the debts of such other person, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine, or
with both.
Section 322: (Dishonest or fraudulent execution of deed of transfer containing
false statement of consideration.)
Whoever dishonestly or fraudulently signs, executes or becomes a party to any
deed or instrument which purports to transfer or subject to any charge any
property, or any interest therein, and which contains any false statement relating to
the consideration for such transfer or charge, or relating to the person or persons
for whose use or benefit it is really intended to operate, shall be punished with
imprisonment of either description for a term which may extend to three years, or
with fine, or with both

39. Section 323: (Dishonest or fraudulent removal or concealment of
property. )
Whoever dishonestly or fraudulently conceals or removes any property
of himself or any other person, or dishonestly or fraudulently assists in
the concealment or removal thereof, or dishonestly releases any
demand or claim to which he is entitled, shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

40. UNITED STATES
Title 18 of the United States Code is the main criminal code
of the federal government of the United States. The Title
deals with federal crimes and criminal procedure.
§: referring to section of the Title
18 of The United States Code

41. While Title 18 of the U.S. Code doesn't explicitly define "cheating" as a
standalone crime, it does address several related offenses that could encompass
cheating behaviors under specific circumstances. Here are key provisions to
consider:
1. Fraud (Chapter 47):
• False pretenses (§ 1341): Obtaining money or property through false or
fraudulent representations.
• Wire fraud (§ 1343): Using wire, radio, or television communications to
execute a fraudulent scheme.
• Mail fraud (§ 1341): Using the mail to carry out a fraudulent scheme.
• Bank fraud (§ 1344): Fraudulently obtaining funds from a financial institution.
• Securities fraud (§§ 1348-1351): Making false or misleading statements in
connection with securities transactions.

42. 2. Forgery and Counterfeiting (Chapter 25):
• Forgery of government documents (§ 510): Falsely making, altering, or
forging government seals, documents, or instruments.
• Counterfeiting (§§ 471-474): Making or possessing counterfeit currency,
securities, or other instruments.
3. Gambling Offenses (Chapter 55):
• Transmission of wagering information (§ 1084): Using wire communication
to transmit wagering information or bets.
• Illegal gambling businesses (§ 1955): Operating illegal gambling businesses
involving five or more people.

43. 4. Computer Fraud and Abuse (Chapter 47):
• Unauthorized access to computers (§ 1030): Accessing a computer
without authorization or exceeding authorized access to obtain
information.
• Computer fraud (§ 1030): Using a computer to commit fraud or obtain
something of value.
5. Theft, Embezzlement, and Receiving Stolen Property (Chapter 31):
• Theft of government property (§ 641): Stealing, embezzling, or converting
government property.
• Receiving stolen property (§ 641): Knowingly receiving stolen property.

44. THANK YOU