Source: Karnataka High Court

Why in News?

Justice M Nagaprasanna observed that an attesting witness of a sale deed cannot be held for cheating Section 420 of the Indian Penal Code, 1860 (IPC) if he was only attesting witness.

• The Karnataka High Court gave this observation in the case of Rajesh Totaganti v. State of Karnataka & Anr.

What is the Background of Rajesh Totaganti v. State of Karnataka & Anr Case?

• Respondent no. 2 filed a private complaint against three accused including the petitioner for cheating and several related offences.
• Petitioner approached the court as the chargesheet was filed against him.
• The petitioner was mentioned as a friend of another accused and an attesting witness of sale deed in question.

What were the Court’s Observations?

• Karnataka HC observed that a perusal at the sale deed would indicate that the petitioner is an attesting witness to the sale deed.
  • Except this allegation of the petitioner acting as an attesting witness and a friend of accused No.1, there is no other allegation against the petitioner that would touch upon any of the ingredients of cheating.

What is Cheating under Section 420 of Indian Penal Code, 1860 (IPC)?

• About:
  • Section 420 of IPC deals with cheating and dishonestly inducing delivery of property.
  • It is a more aggravated form of cheating where the dishonest intent is coupled with inducing the delivery of property.
  • This is a gender-neutral provision.
• Application:
  • This section applies when a person deceives another, leading them to deliver property or make changes to valuable securities based on that deception.
• Punishment:
  • The punishment for this offence is more severe, and it may extend to imprisonment for a term which may extend to seven years and shall also be liable to fine.
• Essentials:
  • Deceptive Intent:
    • The accused must have had a dishonest intention to deceive someone.
    • The element of mens rea, or a guilty mind, is crucial in establishing the criminal intent behind the act.
  • False Representation:
    • The offender must have made false representations or statements that led the victim to believe something that was true.
    • This could include false promises, misleading information, or any form of misrepresentation.
  • Inducement:
    • The false representation must have induced the victim to deliver property, whether it be money, goods, or any other valuable asset.
    • The act of inducing is a critical link connecting the deceptive intent to the actual harm suffered by the victim.
  • Delivery of Property:
    • The victim must have delivered their property as a consequence of the deception.
    • The act of delivering property completes the offence under Section 420.