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Report No. 156

Clause 177

12.75. Under this clause the existing section 415 is sought to be substituted by a new section with some changes. In the existing section, the damage or harm likely to be caused is with reference to only the person deceived but in the proposed section the scope of the damage is sought to be extended to not only that person but to any person. Therefore, the words "to any person" are virtually substitute to the words "to that person" thereby extending the sweep.

The only other change is the words "wrongful gain" after the words "reputation or property" are sought to be added which are in line with the change contemplated in clause (a), viz. adding the words "to any person". The scope of the existing explanation is expanded by including that if any person dishonestly omits to disclose the fact which he is bound under the law to disclose also amounts to deception. We may mention here by way of clarity that the Bill does not specifically refers to Explanations under section 415 but as cheating is of such a wide connotation it would be better to retain the illustrations.

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