Primary section related to cheat and fraud



indian penal code section 25 to 28

Section 25. – “Fraudulently”.

A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Fraudulently means any act done with the intention of cheating, for example Rama bequeathed the names of his three sons and divided the three into equal parts of the property, A acted to remove B’s name in the will. Here A means to cheat,

Section 26 – Reason to believe

A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise .

Where does a person have reason to believe something when there is enough reason to believe or believe that there was a reasonable basis for believing.

Note :- A got B named the property by showing a fake currency note, where realizing the fake note as real caused B to believe.

Section 27 – Property in possession of wife, clerk or servant

Property in possession of wife, clerk or servant.- When property is in the possession of a person’s wife, clerk or servant, on account of that person, it is in that person’s possession within meaning of this Code. Explanation.-A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within meaning of this section.

Property in the possession of a wife clerk or servant. Property in the name of a person is in the possession of the person’s wife clerk or servant, then under this Code, the person is in the possession of that person.

 Note: – Let us assume that the owner of a farm is his wife and B and C are that servant and Clarke is considered in the possession of that person under this code.


Section 28  – Counterfeit

A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

When a person makes something similar to another thing by matching it a little bit to make it possible for the other person to cheat or cheat, it will be said that the person has committed the crime of counterfeit.