Criminal Misappropriation or Cheating? | [A and B were about to travel by the same train from Varanasi city. B, under the pretence of returning A’s ticket, substituted from one of his own and kept A’s ticket….. Is B guilty of `criminal misappropriation’ under Section 403 or of ‘cheating’?] 

Criminal Misappropriation or Cheating? | Question: A and B were about to travel by the same train from Varanasi city. A had a ticket for Ayodhaya, B had two tickets for Varanasi cantonment. A voluntarily handed over her ticket to B in order that he might tell her if it was right. B, under the pretence of returning A’s ticket, substituted from one of his own and kept A’s ticket. Is B guilty of 'criminal misappropriation’ under Section 403 or of ‘cheating’? Give reasons and also refer to the case law, if any, on the point.

Find the answer to the mains question only on Legal Bites. Criminal Misappropriation or Cheating? | [A and B were about to travel by the same train from Varanasi city….. Is B guilty of 'criminal misappropriation’ under Section 403 or of ‘cheating’?]

Answer

In the present case at hand, B shall be guilty of the offence of criminal misappropriation of property of A. As the facts show that B under the pretence of returning A’s ticket, substituted from one of his own and kept A’s ticket, shows the dishonest intention of B to use the ticket of A for his own use.

Section 415, IPC provides that: 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”.

Since in the present case, B did not deceive A or internally induce him to entrust the ticket or for that matter, any of the conditions to constitute an offence of cheating is not made out.

Cheating differs from criminal misappropriation in the fact that the perpetrator has dishonest intention with inducement (to take possession of the property) from the very beginning of his act. Instead, present facts show there was criminal misappropriation of property of A by B under section 403, IPC.

To constitute the offence of criminal misappropriation prosecution, therefore, has to prove that:

1. the property was of the complainant,
2. the accused misappropriated the same or converted to his own use, and
3. he did so dishonestly

All the ingredients to constitute the offence of criminal misappropriation are satisfied under the present set of facts. Hence, B shall be held guilty under section 403, IPC.

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