Section 24(g) of the Emigration Act, 1983 (Cheating an Emigrant) and Section 420, IPC cannot go Together
By
P. R. Thakur
Section 415 of the Indian Penal Code, 1860 (“IPC”) defines cheating as follows :
“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 fact is a deception within the meaning of this section.
Section 420, IPC provides punishment for cheating and the said provision reads as under :
“420. Cheating and dishonestly inducing delivery of property.— Whoever cheats and thereby dishonestly induces the person deceived or deliver any property ....