Z was manufacturing articles locally and putting counterfeit mark on them of a celebrated manufacturer, X. He sold those articles to A, making him believe that the articles were made by X. Explain with the help of releva
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
Z was manufacturing articles locally and putting counterfeit mark on them of a celebrated manufacturer, X. He sold those articles to A, making him believe that the articles were made by X. Explain with the help of relevant provisions about the offence committed by Z, under the Indian Penal Code, 1860.
Answer & Explanation:
Section 415 of Indian Penal Code, 1860 provides 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 appended to this section states that a dishonest concealment of facts is a deception within the meaning of this section. The main ingredients of cheating are: Deception: A person deceive other person. Fraudulent or Dishonest: The deception should be dishonest or Fraudulent. Inducement: There should be inducement of the any person so deceived to deliver any property to person; or Consent for retainment: There should be deception to obtain consent that any person shall retain any property; or Induced omission or commission: There should be Intentional inducement of the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived. Actual Harm: And, that act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. That person is said to cheat other person. In the given situation, Z was manufacturing articles locally and putting counterfeit mark on them of a celebrated manufacturer X and selling those articles to A making him believe that the articles were made by X. Here Z intentionally deceives A into a belief that this article was made by X and thereby dishonestly inducing Z to buy and pay for the article. This is deception and an offence of cheating committed by Z under Section 415 of the Indian Penal Code, 1860. Alternate Answer (Bharatiya Nyaya Sanhita, 2023) Section 318 of Bharatiya Nyaya Sanhita, 2023, provides 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 appended to this section states that a dishonest concealment of facts is a deception within the meaning of this section. The main ingredients of cheating are: Deception: A person deceive other person. Fraudulent or Dishonest: The deception should be dishonest or Fraudulent. Inducement: There should be inducement of the any person so deceived to deliver any property to person; or Consent for retainment: There should be deception to obtain consent that any person shall retain any property; or Induced omission or commission: There should be Intentional inducement of the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived. Actual Harm: And, that act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. That person is said to cheat other person. In the given situation, Z was manufacturing articles locally and putting counterfeit mark on them of a celebrated manufacturer X and selling those articles to A making him believe that the articles were made by X. Here Z intentionally deceives A into a belief that this article was made by X and thereby dishonestly inducing Z to buy and pay for the article. This is deception and an offence of cheating committed by Z under Section 318 of the Bharatiya Nyaya Sanhita, 2023.
Topics: Indian Penal Code, 1860
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