Section 249: Prohibition of cheating

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1) No person shall commit, or cause to be committed, cheating.

2) For the purposes of sub-section (1), a person who dishonestly causes any kind of loss, damage or injury to another person whom he or she makes believe in some matter or to any other person or obtains any benefit for him or her or anyone else by omitting to do as per such belief or by inducement, fraudulent, dishonest or otherwise deceptive act or preventing such other person from doing any act shall be considered to commit cheating.

Explanation: Where the victim of cheating has got a deed executed by the cheater, the deed shall apply to that matter.

3)  A person who commits the offence referred to in sub-section (1) shall be liable to the following sentence:

(a) A sentence of imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees, in the case of cheating the Government of Nepal or anybody under full or majority ownership or control of the Government of Nepal, except in cases of corruption,

(b) A sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees, in the case of cheating by lying one’s name, designation, title, qualification,

(c) A sentence of imprisonment for a term not exceeding seven years and a fine not exceeding seventy thousand rupees in the cases of any kind of cheating other than that referred to in clause (a) or (b).

4) A sentence of imprisonment for a term not exceeding one year, in addition to the sentence set forth in sub-section (3), shall be imposed in the case of cheating a child, person of unsound mind, helpless, illiterate or person above seventy-five years of age.

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