This article has been written by Ms. Akanksha Choudhary, a 3rd year BA.LLB (Hons.) Student from CMR University, School of Legal Studies, Bengaluru.

INTRODUCTION
The Indian Penal Code, 1860’s Chapter XVII deals with property offences. Cheating is a crime that is dealt with in Chapter XVII. Cheating is a crime that is performed by someone who uses dishonest tactics to gain something from another person. The dishonest representation of specific facts with the goal to defraud is what is referred to as cheating. The accused must be aware that the statement he is making is false and that it is intended to mislead the complainant in order for cheating to be proven. Cheating is covered under sections 415 through 420 of the Indian Penal Code, 1860. The accused is often handed ownership of the item in question in property offences. But, if there is deceit, he gets both ownership and the associated property. The one who defrauds does not take ownership. For instance, if someone obtains a car by fraud, the car enters his possession, but it is actually legally owned by someone else because ownership is a legal term.
Sections 415 to 420 of the Indian Penal Code, 1860.
If someone deceives another person into giving up property or agreeing to its retention in order to commit fraud or dishonesty.
Intentionally persuades that person to do or refrain from anything that he or she would have done in a similar situation.
It is penalised as “cheating” if any action or inaction is likely to cause harm to that person’s body, mind, reputation, or property. The act of dishonestly hiding the facts is frequently referred to as “cheating.”
Illustrations
1. X intentionally misleads Y by seeming to be in the government and persuading Y to provide specific things on credit when he never intended to pay for them. X lies, and that is a crime.
2. By applying a fake mark to a product, X tricks Y into thinking it was made by a reputable company, leading Y to buy and pay for the product. X lies, and that is a crime.
3. A intentionally misleads B by promising him specific products and telling him the items are diamonds. He is aware that these are not diamonds, though. He so deceitfully induces B to make a loan. A lie, and that is a crime.
Elements of Cheating:
Deception of any person.
Fraudulently or dishonestly inducing that person to deliver any property to any person or to consent that any person shall retain any property; or
Intentionally inducing a person to do or omit to do anything which he would not do or omit if he were not so deceived, and the act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.
Cheating by Personation
A person is said to “cheat via personation” if they dishonestly represent themselves to be someone else, purposefully act as someone else, or pretend to be someone else. Whether the person being personated is a real person or a fictional character, a crime has been committed.
Illustrations
1. A impersonates a wealthy banker with the same name in order to fool. This is how A cheats by using personation.
2. A deceives by claiming to be someone who has passed away. B. A cheats in this case through personation.
What is deception?
The cheating offence is built on deception. Deception is the dishonest concealment of facts or the persuasion of another person to believe something that is false or misleading in actuality. Any type of deception may not be regarded as cheating. Deception requires the use of deceptive and dishonest motives.
Cheating and Misappropriation
Although cheating and misappropriation seem to be the same thing, the major difference is that misappropriation starts as soon as the act of cheating starts. Consequently, it is not crucial that the act of misappropriation be started before the crime of cheating. The accused may obtain property in the case of misappropriation in good faith and then misappropriate it once more. It is possible to carry it out with or without the owner’s consent. Usually, there is a deceptive or dishonest goal present when someone cheats.
Misappropriation, according to Section 403, only involves moveable property, whereas cheating involves one’s body, mind, reputation, or property.
CHEATING BY PERSONATION (SECTION 416) AND ITS PUNISHMENT (SECTION 419)
Every time someone intentionally impersonates another person, switches one person for another, or pretends to be someone they are not, they are committing the crime of personation and breaking the law. Whether the person being personated is real or imagined, this crime is still committed. All the components necessary to qualify as cheating under Section 415 must be present in order to commit an offence under Section 416. Defrauding through personation is a crime that carries a maximum three-year sentence for completion of any type of jail time, a fine, or both. (Section 419).
Mens rea is the legal term for the person’s intent or state of mind at the time of the offense. The accused’s mental state is taken into account while assessing guilt in a crime. As Mens rea is a requirement for the offense of cheating, it must be proven. It must be demonstrated that the accused intentionally employed a prearranged plan to conduct the crime of cheating. According to the IPC, the accused may be held liable for cheating if Mens rea for the offense is established.
Illustration
A uses personation to mislead by pretending to be a rich banker with the same name.
Punishment
Every time someone intentionally impersonates another person, switches one person for another, or pretends to be someone they are not, they are committing the crime of personation and breaking the law. Whether the person being personated is real or imagined, this crime is still committed. All the components necessary to qualify as cheating under Section 415 must be present in order to commit an offence under Section 416.
Defrauding through personation is a crime that carries a maximum three-year sentence for completion of any type of jail time, a fine, or both. (Section 419)
Such a person will get a fine and up to seven years in jail, depending on the type of incarceration.

Criminal Liability vs. Civil Liability
A crucial element in proving the accusation of cheating is the accused’s motivation. It is frequently noted that it might be challenging to distinguish between civil and criminal liability in economic dealings. Intent is the key distinction between a criminal and civil cause of action. The accused may be charged with a crime if they take intentional and knowing action to induce the other person. If the accused acts without intending to do so after the disagreement has started, he will be held civilly culpable. In the case of Nageshwar Prasad Sinha v. Narayan Singh, the respondent and the defendant came to an agreement. A portion of the money was given in return for the accused person getting the possession. Then, the accused failed to pay the whole sum determined for the surrender of possession. Due to the fact that he did not receive complete payment, the defendant also failed to comply with the legal criteria for possession delivery. In civil court, the defendant was sued by the accused for particular performance. The respondent filed a criminal complaint against the accused in accordance with Section 420 of the IPC. Because the accused contributed to the money for the transfer of possession and it was impossible to establish that his intention was to deceive from the outset, the court decided that the accused’s guilt was civil rather than criminal. The distinction between civil and criminal liability can be made based on the accused’s intent. Whether the accused would be subject to a civil or criminal responsibility depends on their intentions at the time of the inducement. A mere breach of contract is not considered cheating under Section 420 of the CPL unless it can be demonstrated that the dishonest intention existed from the beginning of the transaction.
CONCLUSION
When one person tricks the other into doing or not doing anything, it is cheating. Cheating is related to property offences, which include offences against one’s reputation, mind, and body. One must establish that the accused meant to deceive fraudulently and dishonestly in order to prove cheating. Under the concept of cheating, deception is the dishonest concealment of the truth. Cheating is a non-cognizable crime that is subject to bail and magistrate trial.