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Report No. 57

5.9. Criminal liability.-

So for as criminal liability is concerned, references may be made to the general penal provisions in the Penal Code punishing cheating,1 and to the specific provisions in that Code2 which punish certain fraudulent dealings with and disposition of property, including fraudulent dealings intended to defeat execution.3 These provisions are wide enough to cover fraudulent benami transactions, if the other ingredients of the relevant sections are satisfied. The relevant provisions4 is the section under which a person who dishonestly or fraudulently removes, conceals or delivers to any person, without adequate consideration, any property, intending thereby to prevent, the distribution of that property according to law among his creditors or the creditors of any other person, is punished.

2. Sections 415 and 417, Penal Code.

2. Sections 421 to 424, Penal Code.

3. Sections 206 and 207, Penal Code.

1. Section 421, Penal Code.

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