fbpx

Cheating Is A Criminal Offence, Here is What you need to know.

The Difference Between Section 417 And Section 420 Of The Penal Code (Chapter 224)

 

Briefly, a person will be considered cheating if he/she intentionally deceives another person to:

  1. Do any act that induces another person to deliver or cause to deliver a property to him/her; or
  2. Cause another person to do an act that he would not have done if he/she is not deceived that cause or likely to cause damage or harm to any person, in body, mind, reputation or property.

The punishment for cheating varies depending on the nature of the crime and the severity of the offence. Section 417 of the Penal Code provides the basic outline and the minimal punishment for cheating (i.e. up to 3 years or fine).

 

 

Section 420 Of The Penal Code

 

On the other hand, offences under Section 420 of Penal Code is an aggregated form of the offence and attracts a harsher punishment in comparison to Section 417 of the Penal Code (i.e. up to 10 years and fine).

  a lawyer explaining cheating case in singapore

 

However, this section will only applicable to the act of cheating and/or dishonestly induce a person to deliver a property to another person and/or to make, alter or destroy the whole or any part of a valuable security.

In law, property can mean anything that is owned by an individual, from a house (a real property) to a mobile phone.

However, in practice, the line between an offence that may tantamount to Section 420 and Section 417 of Penal Code is not straightforward.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

Past Cheating Case Studies 

 

For example, in Public Prosecutor v Adrian Lee Chong Boon [2018] SGDC 256, a company director that deceived his clients with false information to induce them to enter into contract with his company was charged under Section 417 of the Penal Code and sentenced to 9 months of imprisonment for 2 counts of cheating.

(The first count was sentenced for 9 months, the other, 3 months to be run consecutively). He was also ordered to make full restitution of the damages at $58,830.00.

 

On the other hand, in Public Prosecutor v Karthik s/o Sankar (2019) SGDC 54, a bartender was charged with cheating under Section 420 when he used the credit card details of his customer to purchase an air ticket for the sum of $638.00.

After making restitution of the sum, he was sentenced to 2 months of imprisonment. In this case, the court took into consideration that the accused had made multiple copies of various credit cards’ details and was planning to sell them for profits.

As such, despite the lower quantum and also having made restitution prior to the sentencing, the court gave a harsher punishment against the accused.

Conclusion

 

As these factors varies and may not be easily noticed by a lay person, it can be difficult for a lay person to understand the basis of the charge against them and if such charges are proportional and justifiable given the nature of the offence.

In the circumstances, it is therefore highly advisable to seek for legal advice should you be charged under Section 420 of the Penal Code.

Lawyers may be able to assist you to seek clarification and to pin point the pertinent point to the relevant officers and to ensure that you are rightly charged by the relevant officers.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

Like this article?

Share on facebook
Share on twitter
Share on linkedin
Share on pinterest

Leave a comment

Start a Conversation

Hi! Click one of our member below to chat on Whatsapp

Joint Managing Partner

Joint Managing Partner

Enquiry from Emerald Law

online

Joint Managing Partner

Joint Managing Partner

Enquiry from Emerald Law

online

Scroll to Top

Speak to a Lawyer Now

Did you forget to claim your free consultation?

Click now to claim your free consultation.