Man duped of ₹49,000 by fake Army officer. Beware of such online scams as they are sham.

An unknown person claiming to be an Army officer duped a person who posted an advertisement to rent out his property in Kalka, of Rs 49,000. , the accused said there was a technical issue and asked him to deposit Rs 32,999. The victim again sent the money When he called, the number was switched off. A case was registered.

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FACTS

An unknown person claiming to be an Army officer duped a person who posted an advertisement to rent out his property in Kalka, of Rs 49,000. In his police complaint, Ashok Kumar, posted the advertisement on OLX.

On October 14, he received a call from a person who claimed to be an Army officer. He said he was from Assam and was transferred to Kalka and expressed interest in taking the property on rent.

The victim told the caller that he wanted to give his property on rent for Rs 16,000 for three months. The accused said he wanted to pay online. When the victim said he did not use any online payment mode, he was asked to deposit Rs 16,499 in his bank account and told that the money would be sent back. The victim depo- sited the money on October 19, but it was not deposited back.

When he called him again, the accused said there was a technical issue and asked him to deposit Rs 32,999. The victim again sent the money When he called, the number was switched off. A case was registered.

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SECTION/ACT/PROVISION/SETTLED LAW

Section 415 of the Indian penal code:

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 facts is a deception within the meaning of this section.

Section 420 of the Indian penal code:

Cheating and dishonestly inducing delivery of property.—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.

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LEGAL OPINION

The current situation involves cheating. Cheating is covered under section 415 of IPC. For cheating to occur, The accused must deceive another person, The person so deceived should be induced to deliver any property to any person, or, The person so deceived should be intentionally induced to do or at times, not to do an activity.

Cheating by personation

Where a person deceives his identity for deceiving someone and gaining something out of that deception, this is called cheating by personation.

Personating an imaginary person is also cheating. Where a person personates himself to be a physics graduate from Harvard and got him selected into Public service commission board. This was said to be cheating by personation.

Punishment for cheating lies under section 420 of the IPC. Punishment under this is imprisonment for upto seven year along with fine.

Also Read- Resident duped by man claiming to be an Army officer

For case specific advice please contact criminal lawyers advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur

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