Anand could not clear his Civil Services interview, yet he falsely pretended that he had cleared it. He intentionally deceived Param and dishonestly induced him to provide goods on credit, despite having no intention to
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
Anand could not clear his Civil Services interview, yet he falsely pretended that he had cleared it. He intentionally deceived Param and dishonestly induced him to provide goods on credit, despite having no intention to pay for them. Discuss the offence committed by Anand under the Bharatiya Nyaya Sanhita, 2023.
Answer & Explanation:
Section 318 of Bharatiya Nyaya Sanhita, 2023 states that 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. The main ingredients of cheating are as under: Deception of any person. (a) Fraudulently or dishonestly inducing that person: to deliver any property to any person; or to consent that any person shall retain any property; or (b) Intentionally inducing that person 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. In the given situation, Anand, by falsely pretending to have cleared the Civil Services examination, intentionally deceives Param and dishonestly induces him to provide goods on credit. Therefore, the act of Anand may fall within the purview of the offence of cheating as defined under Section 318 of the Bharatiya Nyaya Sanhita, 2023.
Topics: Criminal Law
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