Cheating & Criminal Breach of Trust Lawyer in Delhi

CRIMINAL BREACH OF TRUST
ORIGINAL JURISDICTION:
Triable by Magistrate of First Class

BRIEF:
Under the Indian Penal Code, 1860 Criminal Breach of Trust has been defined as under:

Section 405: Criminal Breach of Trust:
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits “criminal breach of trust”.

The following sections are related to the punishment of offences of Criminal Breach of Trust:

Section	Offence	Punishment	Cognizance	Bail	Compoundable
406	Punishment for Criminal Breach of Trust	Imprisonment for 3 years + Fine, or both	Cognizable	Non-Bailable	Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
407	Criminal Breach of trust by carrier, etc.	Imprisonment for 7 years and fine	Cognizable	Non-Bailable	Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
408	Criminal Breach of trust by clerk or servant	Imprisonment for 7 years and fine	Cognizable	Non-Bailable	Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
409	Criminal breach of trust by public servant, or by banker, merchant or agent	Imprisonment for life, or imprisonment for 10 years and fine	Cognizable	Non-Bailable	Non-Compoundable

CHEATING
ORIGINAL JURISDICTION:
Triable by any Magistrate

BRIEF:
Under the Indian Penal Code, 1860 Cheating has been defined as under:

Section 415: Cheating:
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 deception within the meaning of this section.

Section 416: 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 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.

The following sections are related to the punishment of offences of Cheating:

Section	Offence	Punishment	Cognizance	Bail	Compoundable
417	Cheating	Imprisonment for 1 year, or fine, or both	Non-cognizable	Bailable	Compoundable by the person cheated with the permission of the court.
418	Cheating with the knowledge that wrongful loss ensue to person whose interest offender is bound to protect.	Imprisonment for 3 years, or fine, or both	Non-Cognizable	Bailable	Compoundable by the person cheated with the permission of the court.
419	Cheating by personation	Imprisonment for 3 years, or fine, or both	Cognizable	Bailable	Compoundable by the person cheated with the permission of the court.
420	Cheating and dishonestly inducing delivery of property	Imprisonment for 7 years and fine	Cognizable	Non-Bailable	Compoundable by the person cheated with the permission of the court.