Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
This sounds like intercourse under some wrong impression, the details is very very ambiguous in nature and required complete background, promises, victimizing attitude etc.
However, if the intercourse was followed under some promises and assurances, let's discuss the actionable.
Just an important line:- Not Every Failed Promise Amounts to Rape, Rules SC on Sex With Vow to Marry.
This sounds like intercourse under some wrong impression, the details is very very ambiguous in nature and required complete background, promises, victimizing attitude etc.
However, if the intercourse was followed under some promises and assurances, let's discuss the actionable.
Just an important line:- Not Every Failed Promise Amounts to Rape, Rules SC on Sex With Vow to Marry.
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Sidhaarth
Responded 4 years ago
A.In sex related crimes no case of cheating is made out. Details are required to be examined to suggest remedy.
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A.Hello Client,
It completely depends upon the nature of the crime/ case.
The Indian Penal Code explains the provisions about the offences. Sections 415 to 420 explain about cheating. Section 415 defines “Cheating”. Section 416 explains about “Cheating by personation”.
Section 417 explains the punishment for cheating. Section 418 explains cheating with the knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. Section 419 explains the punishment for cheating by personation. Section 420 explains cheating and dishonestly inducing delivery of property.
Thanks & Regards
It completely depends upon the nature of the crime/ case.
The Indian Penal Code explains the provisions about the offences. Sections 415 to 420 explain about cheating. Section 415 defines “Cheating”. Section 416 explains about “Cheating by personation”.
Section 417 explains the punishment for cheating. Section 418 explains cheating with the knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. Section 419 explains the punishment for cheating by personation. Section 420 explains cheating and dishonestly inducing delivery of property.
Thanks & Regards
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A.Your particular case will be covered under section 415 of IPC.
Now, The ingredients of cheating under section 415 :
1. There should be fraudulent or dishonest inducement of a person by deceiving him.
2. The person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived.
3. To establish an offence of cheating It is essential to prove that the act or omission causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property.
The punishment for cheating under section 415 is one year or fine or both.
When the offence of cheating is committed in order to exploit someone sexually, there are various other sections of IPC which will be invoked.
For more legal help, per se your case, you need to specify the wrongs caused to you.
Thanks and Regards.
Now, The ingredients of cheating under section 415 :
1. There should be fraudulent or dishonest inducement of a person by deceiving him.
2. The person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived.
3. To establish an offence of cheating It is essential to prove that the act or omission causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property.
The punishment for cheating under section 415 is one year or fine or both.
When the offence of cheating is committed in order to exploit someone sexually, there are various other sections of IPC which will be invoked.
For more legal help, per se your case, you need to specify the wrongs caused to you.
Thanks and Regards.
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A.Hi client,
It completely depends upon the nature of your case. Still giving you a brief note about cheating-
Section 420 of The Indian Penal Court talks about the offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property. This provision provides punishment for the same.
Essential elements of Section 420 are-
•Cheating;
•Dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being converted into a valuable security and
•Mens rea of the accused at the time of making the inducement.
The offence is cognizable and falls under the category of Non Bailable in IPC section 420. It is triable by Magistrate of the First Class and therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may be preferred.
The punishment under section 420 IPC which is give for the offence is imprisonment for a term which may extend to seven years, and also be liable to fine.
Thanks
It completely depends upon the nature of your case. Still giving you a brief note about cheating-
Section 420 of The Indian Penal Court talks about the offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property. This provision provides punishment for the same.
Essential elements of Section 420 are-
•Cheating;
•Dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being converted into a valuable security and
•Mens rea of the accused at the time of making the inducement.
The offence is cognizable and falls under the category of Non Bailable in IPC section 420. It is triable by Magistrate of the First Class and therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may be preferred.
The punishment under section 420 IPC which is give for the offence is imprisonment for a term which may extend to seven years, and also be liable to fine.
Thanks
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Shreyash Mohta
Responded 4 years ago
A.The general provision of cheating is u/s 419 and 420 IPC . The person can charge you u/s 420 (Cheating) and you shall be thereafter called by a competent criminal court to answer the allegation levied upon you.
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A.Dear Sir,
It depends upon the nature of crime and normally in a cheating case the other side is liable to answer under Section 419 and 420 of IPC.
It depends upon the nature of crime and normally in a cheating case the other side is liable to answer under Section 419 and 420 of IPC.
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