⚠️ DISCLAIMER: This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
If a family member is accused of cheating someone in a property deal, can you, as another family member, be criminally charged simply for later buying that property from them, even if you were not involved in the original cheating?
No, you cannot be charged merely for being a subsequent buyer.
The Supreme Court has ruled that to be charged with a criminal offence like cheating, the prosecution must show your direct and personal involvement in the fraudulent act from the beginning.
Mere purchase of a property from an accused person, without any evidence that you shared their criminal intent or participated in their deception, is not a crime. Your status as a family member, by itself, does not make you a co-conspirator.
The Court reinforced a fundamental principle of criminal law: guilt is personal. For someone to be convicted of a crime, it must be proven that they personally committed the acts that constitute the offence.
The Court performed a meticulous check of the essential elements required to prove the alleged crimes, particularly Cheating (Section 420 IPC) and Criminal Breach of Trust (Section 406 IPC).
This is a crucial takeaway for anyone buying property from family or others.
The Court highlighted the importance of the discharge process under Section 239 of the Code of Criminal Procedure (CrPC). At this stage, the judge must determine if there is enough evidence to even proceed to a full trial.
Create a clear, date-wise chart showing your complete absence from the original incident. Highlight that you were a minor, not present, or had no connection to the key events.
Demand Specifics: Insist that the prosecution clearly state your individual role in the crime. Vague allegations like "he is the son" or "he benefited later" are legally insufficient.
Break Down the Crime: Understand the essential elements of the offence you are charged with (e.g., for cheating: deception, inducement, wrongful gain/loss).
Match Facts to Law: Argue point-by-point how your actions do not satisfy any of these essential ingredients. For instance, "I never made any false promise to the complainant."
Do Not Wait for Trial: Use the discharge application (under Section 239 CrPC) as a shield to prevent a long and harrowing trial.
Argue Legal Insufficiency: Your argument should be that even if the prosecution's story is 100% true, it does not legally constitute an offence against you. This is a legal argument, not a factual dispute.
Go Beyond Suspicion: Do not charge someone based merely on their relationship to the main accused or because they benefited indirectly. You must find positive evidence of their active participation in the criminal plan.
Look for Evidence of Conspiracy: For a subsequent buyer to be charged, you need evidence—such as messages, emails, or witness statements—that shows they knew about the original fraud and the purchase was part of the plan to launder the proceeds.
Internal Scrutiny: Before naming someone as an accused, apply the same test the court would: Do the collected facts fulfill all the legal ingredients of the offence against this specific person? If not, do not charge them.
"Mere purchase of a property from an accused, without evidence of a prior common intention to cheat, does not transform a subsequent buyer into a co-accused in the crime of cheating."
This judgment acts as a strong safeguard for individual liberty against guilt by association. It reminds the justice system that criminal law is not a tool to harass family members of an accused or to punish people for transactions that are merely suspicious but not illegal.
The line between civil wrongs (like a questionable transaction) and criminal offences (which require malicious intent and a guilty act) must be strictly maintained.
For the common citizen, it provides clarity and protection from being dragged into criminal cases where they had no real involvement.