Does 420 (cheating) case perpetrated against a Dalit by a higher caste person (Non SC/ST) fall under POAA ? (In Otherwords is cheating/misrepresentation constitute atrocity ?)
vasand (Member) 10 February 2010
Does 420 (cheating) case perpetrated against a Dalit by a higher caste person (Non SC/ST) fall under POAA ? (In Otherwords is cheating/misrepresentation constitute atrocity ?)
shrikant chede (law officer) 10 February 2010
It does not constitute atrocity ,section 420 begins with word "whoever"
N.K.Assumi (Advocate) 10 February 2010
I am of the view that Section 2 (a) of the POAA, defined atrocity punishable under Section 3 of the Act and clause (f) of sectiojn 3 says that words and expression used but not defined in the act and defined in the IPC shall have the same meaning.Reading that section 3 Clause (ix) and Sub section 2 clause (v) of the POAA he can be punished both under POAA as well as for false misrepresentation and cheating under the Indian penal Code, as In India, the Indian Penal Code defines misrepresentation under "Misrepresentation of Facts". This dealt with Indian Penal Code in section 90 which states:- Consent given under fear or injury and secondly under a misconception of fact is no consent at all. Thus the person causing such acts shall be punishable under the POAA as well as the Indian Penal Code as cheating and misrepresentation as found in section 420 of the IPC.