LegalCrystal – Blog

Dear Citizens,

In Indian Penal Code Number of Punishable Offenses are listed as well as the punishments. But here I would like to bring to a Common man’s kind attention crimes which take place around us And many a time the law abiding citizens he/she being unaware of the legal remedy or fearing legal struggle – the criminal is left Scott free.

To-day I would like to discuss with you about “CHEATING” – Legal implication/Legal Requirement etc. etc.

To bring transparency or to have an orderly and safe Society – Citizens should be AWARE – AROUSE and ACT!

According to Section 415 IPC CHEATING means – 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”.

A dishonest concealment of facts is a deception within the meaning of this section.

If you are Cheated kindly check the following aspects carefully :

To hold a person guilty of cheating as defined under section 415 IPC, it is necessary to show that he/she hadfraudulent or dishonest intention at the time of making the promise with an intention to retain the property. In other words, section 415 of the IPC which defines cheating requires:

• • Deception of any person/Inducing that person to :

• • Deliver any property to any person or

• • To consent that any person shall retain any property or

• • Intentionally inducing that person to do or omit to do anything which he would not do or omit if he/she were not so deceived and which act or omission causes or is likely to cause damage or harm to that person, anybody’s mind, reputation or property.

Crime is an Offence against State – (against Society.)

Citizens can initiate Criminal Proceedings against the Offender by giving Complaint to the jurisdictional Police/Magistrate. Its a legal obligation on the part of a Citizen to give genuine Complaint.

In India its a big taboo if a citizen initiates criminal/civil proceedings!

In many a cases for the shame of having deceived people will not come out with the decision of approaching Court of Law. Mind it so far a law abiding citizen feels its a shame to approach Courts for remedy the Offender will not get ashamed of his Acts. initiating Legal proceedings is a Legal Obligation to get Legal Remedy.

To have an Orderly and Safe Society the Offenders are punished byImprisonment or Fine or both or with Death penalty /Life Imprisonment in several Offences. (For Juvenile Offenders - Counseling done during imprisonment.)

For monetary loss / loss of property suffered by the citizens, they can also approach ( in addition to Criminal Court) various Forums like Consumer Grievance Redressal Forums, Civil Courts etc. Along with the Criminal Case they can also file a Civil case for the loss suffered.

Examples of Cheating :

• • A, by pledging as diamond articles which he knows are not diamond, intentionally deceives , and thereby dishonestly induces z to lend money. A Cheats.

• • 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 articles. A Cheats.

• • A, by putting counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonesty induces Z to buy and pay for the article. A Cheats.

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Dear Reader,

In my write up today I would like to make you aware of the legal consequences of offences relating to Indian Marriage. And also I would like to alert the person who is aggrieved, to take legal steps to set the things right.

To take legal step, one should be aware of the heads of offences which are punishable under law and I would like to arm the innocent person with awareness of the legal action he/she can initiate without hesitation to build a healthy society.

Before that I would like to make one point very clear, before initiating any legal action a thorough introspection and interaction with elders and well wishers and legal advisor is necessary to avoid any foolish, hasty, irreparable and irreversible consequence!

Now a days I have seen many matrimonial cases piling up in the Courts just because of either hasty decisions or because of lack of awareness of law from the teenage level. And in the name of ‘free society’ many girls/boys are unknowingly getting entangled in legal battle.

In early days say about 25-30 years back people were hesitant to move to Court out of social stigma that law is not for us to invoke and it is only Dharma/Culture and Tradition that should rule the mind.

But after the advent of T.V., Mobile, Internet etc. etc. total approach of an average person towards life has changed drastically. What were impossible has become possible! Prudent people used it for positive and productive purposes and fools and crocked used it for destruction of family and nation.

Because of advent of many gadgets most of the people have become dreamy and they are moving away from truths of life, moral and ethical values, social responsibilities and family values.

By this I don’t say one should not update oneself and avail the facility instead I want to say when the people are moving away from the Tradition/Cultural values it is high time the people be aware of their Rights and Obligations under the Law of the Land to take precautions and prudent decisions in every stage of their life and live harmoniously and peacefully.

As Marriage gives a special status to an individual likewise his/her rights and obligations plays an important role after Marriage.

Mere cohabiting does not confer any legal marital status/right unless it is supported by a legal Marriage ceremony/registration

In family Courts we see both Educated/Uneducated-Rich/Poor alike fighting for their rights on one or the other ground.

Here in India we don’t have common code of personal Law for all yet. For eg. The Hindus are governed by the Hindu Law and Muslims are governed according to Mohmmedan Law as far as their succession/Will/Gift and marriages are concerned.