In this article you will learn about the Difference Between Dishonestly and Fraudulently in IPC.
Dishonestly
Dishonestly refers to the intention to deceive or act in a fraudulent manner. It is mentioned in Section 24 of Chapter Two of the Indian Penal Code (IPC). It states that – Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”. It involves wrongful gain to one or wrongful loss to another. Wrongful gain or wrongful loss is mentioned in Section 23 of Chapter Two of IPC which states that – “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled and “Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled. Here deceit is not present and the intention is to cause wrongful gain or wrongful loss to a person.
For example, A silently goes to B’s house and commits theft. He stole some jewellery and cash. So the person who committed theft i.e. A is considered to have obtained wrongful gain because he has gained something that was wrongful or unlawful. Whereas, B, who suffered the loss of his belongings, is considered to have experienced wrongful loss.
Illustration
A destroys the crops belonging to B in broad daylight. He commits this mischief in the presence of B with the object of causing wrongful loss to him. The act of A is dishonest.
Fraudulently
Fraudulently specifically refers to actions or behaviours that involve fraud, which is a deliberate deception or misrepresentation intended to gain an unfair advantage, often resulting in financial loss or harm to others. It is mentioned in Section 25 of Chapter Two of the Indian Penal Code (IPC). It states that – “A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.” Fraudulent requires an intent to defraud which means to have an intention to deceive others. In this deceit is an essential element and the intention is to defraud other people.
For example, X asks Y to give all his cash to him and tells him to get it back after a week. X assures Y that after a week he will get double of his given cash. Y believes him. After a week Y finds out that X cheated him and took all his cash. Here X has deceived Y.
Illustration
X sells an estate to Y. X knowing that in consequence of such sale he has no right to the property but sells to Y. Here, X has deceived Y.
Points of Differences
| DIFFERENCES | DISHONESTLY | FRAUDULENTLY |
|---|---|---|
| Section | Section 24 | Section 25 |
| Meaning | Involves wrongful gain to one or wrongful loss to another. | Requires an intent to defraud. |
| Definition | Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”. | A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. |
| Deceit | Here deceit is not present. | Here deceit is an essential element. |
| Concept | Intention is to cause wrongful gain or wrongful loss to a person. | Intention is to defraud other people. |
| Pecuniary gain or loss | Always. | Not necessary. |
Conclusion
While dishonesty is a broader term encompassing various deceptive practices, fraudulently specifically refers to actions involving deliberate deception or misrepresentation aimed at gaining an unfair advantage, often resulting in financial loss or harm to others.
This article on Difference Between Dishonestly and Fraudulently in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.