Difference between “Cheating” and “Criminal Breach of Trust”

Cheating:

1. Cheating is explained in Ss. 415-420.

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2. In cheating, the wrong-doer deceives any person dishonestly and fraudulently and induces such person to deliver any property. The wrongdoer may include the deceived person to do or omit an act.

3. The act of cheating starts from inducing and ends when the wrong-doer obtains the property.

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4. Cheating may be done by any person.

5. Cheating can be played against immovable property only.

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6. In cheating, property is removed from the possession of the owner by the cheater.

7. Illustrations: [Write the illustrations of Sec.

Criminal Breach of Trust:

1. Criminal Breach of Trust is explained in Ss. 405-409.

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2. In trust, the owner of the property entrusts the property to the wrong-doer having “trust” and belief in him.

3. The act of criminal breach of trust can be attributed, when the entrusted property was misappropriated. In the beginning, i.e. when the property is entrusted, no offence can be attributed.

4. Generally, the criminal breach of trust is committed by the Bailees, carriers, executors, agents, employees, etc.

5. Criminal breach of trust can be played against movable or immovable property.

6. In this, the property is entrusted by the owner to the offender with a good faith and trust. Thereafter, the wrong-doer misappropriates it causing breach of trust.

7. Illustrations: [Write Illustrations appended to Sec. 405.

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