Is Dishonesty and Fraudulently Different From Each Other?
- by Aditi-Harshraj
- Sep 18, 2020 12:00
Dishonesty and Fraudulently are the two different terms with slight differences in their meaning which are usually ignored by the people. These two terms are explained in two different sections of the Indian penal code i.e. Sec 24 and Sec 25. But before going ahead, we need to understand what is wrongful gain and wrongful loss. Wrongful gain and wrongful loss have been explained under Sec 23 of the Indian penal code. This section states that wrongful gain is the gain by unlawful means through which a person gets the property (movable or immovable) who is not legally entitled. In the same manner, the wrongful loss is the loss by unlawful means through which a person is losing his property (movable or immovable) who is not legally entitled to lose it.
K.N Mehra V. State of Rajasthan Fact - In this case, K. N Mehra was the trainee at Indian Air Force Academy, Jodhpur. He took off an aircraft without performing any formalities and he didn't have any such authority to do so and landed the aircraft in Pakistan. He was further brought to India and prosecuted for theft of aircraft under Section 379 of the Indian Penal Code. Held- He was held guilty because he took the aircraft without any authority and deprived the owner (i.e. Govt. of India) from the use of aircraft.
The act of the person was a wrongful gain (for K. N Mehra) and wrongful loss ( for Government of India) Before making this article tedious we jump to the meaning of dishonestly. It means the person having the intention of causing a wrongful gain or wrongful loss. It is mentioned under Sec 24 of the Indian penal code which itself depicts the elements of dishonesty i.e. intention, wrongful gain or wrongful loss, property (movable and immovable). A test will be performed to analyze whether the act is done dishonestly or not? There is no golden rule for the test rather the intention of the accused has been taken into consideration along with the facts and circumstances of the case. The next term to be discussed in this article is "Fraudulently". This term has been explained under Sec.25 of the Indian penal code as any act considered to be Fraudulent if the person does something with the intention to defraud. The element of Fraudulently is deceit and injury. Here the term 'injury' doesn't mean any economic loss of property but it includes harm caused to any person in body, mind, reputation. It has been applied to rare cases where deceived has occurred no loss but the deceiver got some benefits and advantages.
Dr. Vimla V. Delhi Administration Fact - In this case, Dr. Vimla signed documents as Nalini (her daughter) and insured the insurance company that Nalini signed the paper. The insurance company didn't incur any loss but still, Dr. Vimla was held guilty for fraud and was charged under sec 467 and 468 of I.P.C for forgery.
Now we can conclude that both the terms are different from each other because -
1. Dishonesty is mentioned under Sec. 24 of the Indian penal code which doesn't require deception or concealment, while fraudulently is mentioned under Sec. 25 of the Indian penal code which requires deception or concealment.
2. Intention to cause wrongful gain or wrongful loss is the requisite of dishonesty, not fraudulently.
3. The element of dishonesty is the economic loss of property which may be movable or immovable. While there must be damage or injury to the person deceived which should be non- economic.
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