Offences of Criminal Misappropriation Criminal Breach of Trust and Cheating

S 403 - Dishonest misappropriation of property

To constitute the offence of criminal misappropriation prosecution, therefore, has to prove that: (i) the property was of the complainant, (ii) the accused misappropriated the same or converted to his own use and (iii) he did it dishonestly

S 405 - Criminal breach of trust

The essential ingredients of criminal breach of trust are:

• a person must be entrusted with property or with dominion over it, and
• he must have dishonestly misappropriated the property or converted it to his own use or dishonestly disposed of it, and
• such misappropriation, conversion, use or disposal has been done in violation of such trust.

S 415 - Cheating

The Section requires:

deception of any person by

• 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.

Section 415 has two alternate parts, while in the first part the person must “dishonestly” or “fraudulently” induce the complainant to deliver any property, in the second part, the person should intentionally induce the complainant (the person so deceived) to do or omit to do a thing.

In other words, in the first part, inducement must be dishonest or fraudulent. And in the second part, inducement should be intentional. “Deception” is common element in both the parts. It is, however, not necessary that deception should be by express words but it may be by conduct or implied in the nature of transaction itself.