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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 Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(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.
416. A person is said to 'cheat by personation' if he Cheating cheats by pretending to be some other person, or by knowingly substituting one person for another 3, or representing that he or person is a person other than he or such other person
any other really is.
Explanation. The offence is committed whether the individual personated is a real or imaginary person.
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation..
1 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 a 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).
4 induces Z to deliver money to him and on the following day dishonestly absconds without repaying the money.
This does not necessarily amount to
A intentionally deceives Z into the
A by deception induces Z to make an entry in his shop-books that certain goods have been paid for, when the contrary 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.
Cheating with know
417. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both 1.
418. Whoever cheats with the knowledge that he is likely ledge that thereby to cause wrongful loss 2 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 punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
or concealment of
419. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both *.
420. 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".
Fraudulent Deeds and Dispositions of Property.
421. Whoever dishonestly 5 or fraudulently removes, conceals, or delivers to any person, or transfers or causes to be
by personation, 7 Suth. Cr. 55. Other
1 Where the cheating concerns a
2 Sec. 23.
an agreement enforceable by law. 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
• Sec. 30.
transferred to any person, without adequate consideration, property to prevent any property, intending thereby to prevent, or knowing it to distribube likely that he will thereby prevent, the distribution of tion among that property according to law 1 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.
from being made avail
422. Whoever dishonestly 3 or fraudulently prevents any Preventing debt or demand due to himself or to any other person from being made available according to law1 for payment of his able for credebts or the debts of such other person, shall be punished due to 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 3 or fraudulently signs, executes, Executing or becomes a party to any deed or instrument which purports transfer to transfer or subject to any charge any property, or any taining interest therein, and which contains any false statement statement relating to the consideration5 for such transfer or charge, or of consirelating 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 dishonestly3 or fraudulently conceals or re- Dishonest moves any property of himself or any other person, or dis- or frauduhonestly or fraudulently assists in the concealment or removal moval or thereof, or dishonestly releases any demand or claim to which concealhe 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".
425. Whoever, with intent to cause, or knowing that he Mischief
is likely to cause, wrongful loss or damage to the public2 or 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 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.
(a) A voluntarily burns a valuable security' belonging to Z, intending to cause wrongful loss to Z. A has committed mischief. (b) 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 committed mischief.
(d) 4, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, 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".
(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 stray cattle, see 6 Ben. Appx. 3; 7 Bom. 126; 9 Bom. 173; 6 Mad. H. C. Rulings, xxxvii.
1 Sec. 23, and see 3 Ben.App. Cr. 17. 2 Sec. 12.
3 The damage contemplated by sec. 425 need not be of a destructive character. Thus where Z, for the purpose of removing certain goods from one hát to another, places them upon a cart, and A, a servant of the owner of the former hát, overturns the cart, thereby throwing the goods on the road, A is guilty of mischief, 12 Cal. 55.
damage to Z, who has lent money on bottomry on the ship1. A has committed mischief".
(g) 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 mischief3.
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.
427. 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 of the maiming
1i.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 A, 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 VOL. I.
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.
As 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
5 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.
7 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, another 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