08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Cheating
415. 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".
Explanation. A dishonest concealment of facts is a deception within the meaning
of this section.
Illustrations
(a) A, by falsely pretending to be in the Civil 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 counterfeit mark on an article, intentionally deceives Z into a
belief that this 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 of an article, intentionally deceives Z into
believing that the article corresponds with the sample, and thereby dishonestly
induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for 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 not to 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 Z into a belief that A 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 Z into a belief that A means to deliver to Z a certain
quantity of indigo plant which he does not intent to deliver, and thereby
dishonestly induces Z to advance money upon the faith of such delivery. A
cheats; but if A, at the 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 receive the
purchase or mortgage money from Z, A cheats.
Cheating by
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 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 same name. A
cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by
personation.
417. Whoever cheats shall be punished with imprisonment of either description for
personation
Punishment for
cheating
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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