318. Cheating.—
(1) 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.
Illustrations.
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly
induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this
article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for
the article. A cheats.
(c) 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 article. A
cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by
which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly
induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z,
and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him
and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.
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(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo
plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the
faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo
plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a
civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z,
which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to
the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and
conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
(2) Whoever cheats shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person
whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal
contract, to protect, shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.
(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to
any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is
signed or sealed, and which is capable of being converted into a valuable security, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
