What is the special section of 420 in the Indian constitution and what is the current status of it ?
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The specific criminal act that Saket accused the other party of, namely, cheating and dishonestly inducing delivery of property, is provided for under section 420 of the IPC and not the Constitution of India. This section was passed in 1860 and seeks to tackle deceptive conduct that results in the loss of an article of value or security. As stated in Section 420, whoever cheats any person and thereby dishonestly induces him, either by or to do or execute anything as a result of which the person seeks a property or valuable security or makes, alters, or destroys a whole or a part of a valuable security, shall be liable to imprisonment up to seven years and to a fine.
Section 420 is widely used and the most common situation in which this section is called is fraud in commercial and finance-related cases. Section 420 continues to remain in force and is one of the most effective legal measures to counter fraud among law enforcement agencies exercising corresponding influence on the protection of individuals and companies from deceitful actions. The application of this section has been receiving various judicial interpretations in the recent past, especially on the aspects regarding dishonest intention when establishing the culpability of an individual under this section which requires credible evidence indicating that a particular was always dishonest right from the time he entered into the particular transaction. Due to the dynamism of economic fraudulent actions, there has been debate on the possibility of changing some of the provisions so that section 420 is more effective and covers modern-day fraud.
The specific criminal act that Saket accused the other party of, namely, cheating and dishonestly inducing delivery of property, is provided for under section 420 of the IPC and not the Constitution of India. This section was passed in 1860 and sought to tackle cases of deceptive conduct that resulted in losing an article of value or security. As stated in Section 420, whoever cheats any person and thereby dishonestly induces him, either by or to do or execute anything as a result of which the person seeks a property or valuable security or makes, alters, or destroys a whole or a part of a valuable security, shall be liable to imprisonment up to seven years and to a fine.
Section 420 is widely used and the most common situation in which this section is called is fraud in commercial and finance-related cases. Section 420 continues to remain in force and is one of the most effective legal measures to counter fraud among law enforcement agencies exercising a corresponding influence on the protection of individuals and companies from deceitful actions. The application of this section has been receiving diverse judicial interpretations in the recent past, especially on the aspects regarding dishonest intention when establishing the culpability of an individual under this section which requires credible evidence indicating that a particular was always dishonest right from the time he entered into the particular transaction. Due to the dynamism of economic fraudulent actions, there has been debate on the possibility of changing some of the provisions so that Section 420 is more effective and covers modern-day fraud.
There is no specific “section 420” in the Indian Constitution. However, the term “Section 420” is commonly used in the context of the Indian Penal Code (IPC), which is the primary criminal code of India.
Section 420 of the Indian Penal Code deals with the offense of “Cheating and dishonestly inducing delivery of property”. The section states:
“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.”
In essence, Section 420 of the IPC criminalizes the act of cheating, where a person dishonestly induces another to deliver any property or valuable security.
Regarding the current status of Section 420 of the Indian Penal Code:
It’s important to note that the reference to “Section 420” is specifically in the context of the Indian Penal Code and not the Indian Constitution, as there is no such provision in the Constitution.