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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 2, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.

(1) 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 ?.

416. A person is said to 'cheat by personation' if he Cheating cheats by pretending to be some other person, or by knowingly

by person

ation. substituting one person for another 3, or representing that he 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 of the

A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

same name.

See note 9, p. 251. ? A hires from B certain property for use at a wedding, pays a portion of the hire, and gives a written promise to pay the balance and restore the property after the wedding. A knows that there is to be no such wedding and intends when he gets the property to apply for its attachment in a civil suit against C. A cheats (3 N. W. P. 16).

A receives from B 2. Government promissory note, promising to return certain jewels pledged to him, but not intending to do so, and subsequently claims to retain the note for another debt alleged to be due to him by B. A cheats (3 N. W. P. 17). A secretly enters

an exhibition building without a ticket: his act does not amount to cheating, for he did not by deceiving etc. intentionally induce etc. (6 Bom. H. C., Cr. Ca. 8).

A induces Z to deliver money to him and on the following day dishonestly absconds without repaying the money.

This does not necessarily amount to cheating, though A's absconding is evidence to show his previous dishonest intention Suth. Cr. 5).

A intentionally deceives Z into the belief that A is B, or that A is in good circumstances, and thus induces Z to give A his daughter in marriage. A cheats, M. & M. 384.

A by deception induces Z to make an entry in his shop-books that certain goods have been paid for, when the con. trary is the fact, or to give credit in account for a greater amount than has actually been paid, or to sign a receipt for a sum which has not been received. In each of these cases the thing which Z is induced to do is likely to cause damage to him. A therefore cheats.

3 7 Suth. Cr. 51.

• A buys a low-caste girl in Bengal, and takes her to Oudh, where he palms her off as a Rájputní and marries her to a Rájput, after receiving from him the usual bonus. A cheats

with know

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offender bound to

Punish- 417. Whoever cheats shall be punished with imprisonment ment for

of either description for a term which may extend to one year, cheating.

or with fine, or with both 1. Cheating 418. Whoever cheats with the knowledge that he is likely ledge that

thereby to cause wrongful loss to a person whose interest in wrongful the transaction to which the cheating relates he was bound loss may be caused to either by law, or by a legal contract*, to protect, shall be one whose punished with imprisonment of either description for a term interest

which

may extend to three years, or with fine, or with both. protect.

419. Whoever cheats by personation shall be punished with Punish

imprisonment of either description for a term which may cheating extend to three years, or with fine, or with both 4. by personation. Cheating

420. Whoever cheats and thereby dishonestly 5 induces the

person deceived to deliver any property to any person, or to honestly inducing

make, alter, or destroy the whole or any part of a valuable delivery of

security 6, or anything which is signed or sealed, and which is property.

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 7

ment for

and dis

Removal or concealment of

Fraudulent Deeds and Dispositions of Property. 421. Whoever dishonestly or fraudulently 8 removes, con

5 ceals, or delivers to any person, or transfers or causes to be

by personation, 7 Suth. Cr. 55. Other
cases coming within this section are
where A cheats, 1, by taking any title
or addition to which he has no right; 2,
3, 4, by pretending to be of a country,
a calling, or a family of which he is
not; 5, by falsely pretending to hold
or have held any office, real or ima.
ginary; 6, to be related by blood or
marriage to any person, real or ima-
ginary; 7, to be in the employ of
any person, real or imaginary, M.
& M. 385.

1 Where the cheating concerns a
valuable security, see sec. 420.

an agreement enforceable by law. 4 Fraudulent intent is necessary. Thus where A, a witness, falsely deposes in B's name in order to avoid

the necessity for B's appearance, 4 should be charged, not with cheating by personation, but with giving false evidence (sec. 193), I Bom. H. C. 89. So where A, having agreed to sell certain land, set out to register the conveyance, but fell ill on the way and sent on B, who had the conveyance registered in A's name by personating him, B committed an offence under the Registration Act, but not under the Code, 2 Ben. A. Cr. 25 (S. C. 11 Suth. Cr. 24).

5 Sec. 24. 6 Sec. 30.

2 Sec. 23.

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A charge under this section should state that the property obtained was the property of the person defrauded, 1 Mad, H. C. 31.

& Sec. 25.

4

3

transfer

false

5

transferred to any person, without adequate consideration, property any property, intending thereby to prevent, or knowing it to

to prevent

distribube likely that he will thereby prevent, the distribution of tion among

creditors. that property according to law l among his creditors or the creditors of any 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 2.

422. Whoever dishonestly 3 or fraudulently 4 prevents any Preventing debt or demand due to himself or to any other

from being person

from

made avail. being made available according to law 1 for payment of his able for credebts or the debts of such other person, shall be punished due to

ditor's debt with imprisonment of either description for a term which offender. may extend to two years, or with fine, or with both 2.

423. Whoever dishonestly : or fraudulently * signs, executes, Executing or becomes a party to any deed or instrument which purports deed conto transfer or subject to any charge any property, or any taining interest therein, and which contains any false statement

statement relating to the consideration for such transfer or charge, or of consi

deration. 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 two years, or with fine, or with both.

424. Whoever dishonestly 3 or fraudulently 4 conceals or re- Dishonest moves any property of himself or any other person, or dis- or fraudu

lent rehonestly or fraudulently assists in the concealment or removal moval or thereof, or dishonestly releases any demand or claim to which conceal.

ment of he is entitled, shall be punished with imprisonment of either property. description for a term which may extend to two years, or with fine, or with both ?

Mischief. 425. Whoever, with intent to cause , or knowing that he Mischief

defined. See the procedure in insolvency, Stamp Act, I of 1879, secs. 27, 63. in the Mofassal, Act XII of 1882, 6 This would apply to the case of BC. 356; and in the Presidency one partner dishonestly removing the Towns, 11 & 12 Vic. c. 21, secs. 38-44. account-books of the firm, 13 Ben. ? Compare secs. 206-208.

308, note 2 (S. C. 21 Suth. Cr. 10).
But see 8 Suth. Cr. 17, 18.

2 Sevestre, 949.
• 5 Suth. Civ. R. 61 ; and see the & As to the necessity of proving in-

3

8

• Sec. 24 . Sec. 25.

7

3

6

is likely to cause, wrongful loss or damage to the public? or

1 to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility 3 or affects it injuriously, commits 'mischief 4."

Explanation 1.-It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not 5.

Explanation 2.-Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustrations. (a) A voluntarily burns a valuable security? belonging to 2, intending to cause wrongful loss' to 2. A has committed mischief.

(6) A introduces water into an ice-house belonging to Z, and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has

A committed mischief.

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to 2, destroys those . effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief 8.

(e) A, having insured a ship, voluntarily ® causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause tention in the case of the owner of • 6 Suth. Cr. 59, col. 2. That the stray cattle, see 6 Ben. Appx. 3; 7 destruction of a document evidencing Bom. 126; 9 Bom. 173; 6 Mad. H. an agreement void for immorality C. Rulings, xxxvii.

may be mischief, see 5 Mad. 401. As 1 Sec. 23, and see 3 Ben. App. Cr. 17. to probable consequential damage, 4

Mad. H. C. Rulings, xv-xvii. 3 The damage contemplated by sec. * If a person deals injuriously with 425 need not be of a destructive cha- property in the bond fide belief that it racter. Thus where 2, for the pur- is his own, he cannot be convicted of pose of removing certain goods from mischief ; 2 All. 101, and see 3 Ben. one hát to another, places them upon App. Cr. 17, 18. a cart, and 4, a servant of the owner of the former hát, overturns the cart, thereby throwing the goods on the 8 It appears, then, that a man may road, A is guilty of mischief, 12 commit, not only theft, but mischief

in respect of his own property.

9 Sec. 12.

6 Sec. 39.
7 Sec. 30.

Cal. 55.

ment for

damage to 2, who has lent money on bottomry on the ship? A has committed mischief?.

(9) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop. A has committed mischiefs.

426. Whoever commits mischief shall be punished with Punishimprisonment of either description for a term which may commitextend to three months, or with fine, or with both 4.

ting mis427. Whoever commits mischief and thereby causes loss 5 Mischief or damage to the amount of fifty rupees or upwards, shall be causing

damage to punished with imprisonment of either description for a term amount of which

may extend to two years, or with fine, or with both. 428. Whoever commits mischief by killing, poisoning, Killing or maiming, or rendering useless, any animal or animals 7 of the maiming

animal

chief.

Rs. 50.

i.e. on the security of a pledge of the keel or bottom of a ship. See the definition of bottomry-bond in the Stamp Act, I of 1879, sched. I, No. 15.

So if Ă, knowing that B's house is fully insured against fire, burns it. Here A may not cause or intend to cause loss to B; but if he knows that he is likely to cause wrongful loss to the insurers, he has committed mischief, M. & M.. 391.

* Where A merely neglects to fence his field, in consequence of which his cattle stray into B's field, this is not mischief. And where the facts proved were merely that the accused was employed in floating timber through a bridge and some of the logs struck against the arch, no offence has been committed under this section, 5 Mad. H. C. Rulings, xl.

* This section provides punishment for the offence of mischief generally. In the various sections which follow, aggravating circumstances are added, and enhanced punishments are provided to suit those circumstances. When one set of aggravating circumstances properly attaches to an act making it an offence, another set should not be applied to the same act, unless there be in the mind of the offender a wholly separate intention, 11 Bom. H. C. 14, per West J. That separate penal provisions in the same

$

enactment are not to be understood as
cumulative, unless it be so provided,
see Berry v. Henderson, L. R. 5 Q. B.
203, per Lush J.

to trying offences under sec.
426 summarily, see Cr. P. C. sec. 261.

They may be compounded when the loss or damage caused is only loss or damage to a private person ; ibid. sec. 345.

i. e. actual loss, not damage which, in consequence of such loss, may be occasioned to the sufferer, M. & M. 393.

Offences under this section may be tried summarily, Cr. P. C. 260, and where the only loss or damage caused is loss or damage to a private person, they may be compounded, ibid. sec. 345.

? The animals must be property (as in sec. 430), not wild animals, unless, of course, they have been captured. As to wild animals Mr. Justice Holmes, The Common Law, p. 217, may be cited: "The Roman and the common law agree that, in general, fresh pursuit of wild animals does not give the pursuer the rights of possession. Until escape has been made impossible by some means, an. other may step in and kill or catch and carry off the game if he can. Thus it has been held that an action does not lie against a person for

VOL. I.

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