Cheating is different from breach of trust
There is a distinction between cheating and criminal breach of trust, says the Supreme Court in Delhi Race Club (1940) Ltd. & Others v State of Uttar Pradesh & Another [2024 INSC 626].
What cheating is
In cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception.
In criminal breach of trust, mere proof of entrustment is sufficient.
Breach of trust means
In the case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same.
Whereas, in case of cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.
Both offences cannot co-exist simultaneously
The court adds that both the offences cannot co-exist simultaneously.
SC says police officers to be trained on this
The SC on 23rd August 2024 suggested that police officers across the country should be imparted proper training in law to understand the fine distinction between the offences of cheating and criminal breach of trust.
The SC directed the Registry to send one copy each of the judgment in this case to the Principal Secretary, Ministry of Law & Justice, Union of India and the Principal Secretary, Home Department, Union of India.
Reference
