Section 24 IPC - Dishonestly

Section 24 of the Indian Penal Code, 1860 defined when an act is done "dishonestly." The definition focuses on the intention to cause wrongful gain to one person or wrongful loss to another person and must therefore be read with Section 23 IPC.

Meaning of Dishonestly under Section 24 IPC

Section 24 was a general definition provision in Chapter II of the IPC. It did not by itself prescribe a punishment. Its purpose was to define the expression "dishonestly" wherever that expression formed part of an offence or other provision of the Code.

The statutory test is tied to intention. An act is described as dishonest under Section 24 when it is done with the intention of causing either wrongful gain to one person or wrongful loss to another person.

Essential Elements of Section 24 IPC

The definition contains the following central elements:

• there must be an act done by a person;
• the act must be accompanied by the relevant intention;
• that intention may be to cause wrongful gain to one person; or
• that intention may be to cause wrongful loss to another person.

The use of the word "or" means that the definition is framed in the alternative. The statutory wording does not require both wrongful gain and wrongful loss to be intended in every case.

Section 23 IPC - Wrongful Gain and Wrongful Loss

The original page reproduced the Section 23 concepts because they supply the meanings used by Section 24. They are retained here in their proper explanatory context.

Section 23 further provides that a person gains wrongfully when the person retains wrongfully as well as when the person acquires wrongfully. A person loses wrongfully when wrongfully kept out of property as well as when wrongfully deprived of property.

Read the complete definition at Section 23 IPC - Wrongful Gain and Wrongful Loss.

Importance of Intention under Section 24

The definition expressly uses the words "with the intention of causing." Therefore, the relevant mental element is central to the statutory meaning of dishonestly. The mere fact that an act results in a gain or loss does not reproduce the complete wording of Section 24; the required intention described by the section must be considered.

Whether such intention exists is a matter to be determined from the facts and circumstances relevant to the particular offence in which dishonest intention is an ingredient.

Dishonestly and Fraudulently under the IPC

Section 24 and Section 25 IPC - Fraudulently contain separate statutory definitions. Section 24 is framed by reference to an intention to cause wrongful gain or wrongful loss. Section 25 provides that a person acts fraudulently if the person does a thing with intent to defraud, but not otherwise.

The two expressions should therefore be applied according to the ingredients of the particular IPC provision in which they occur rather than treated as interchangeable definitions.

Related IPC Provisions

The most directly related provisions are Section 23 IPC - Wrongful Gain and Wrongful Loss and Section 25 IPC - Fraudulently. The meaning of property may also require reference to relevant definitions such as Section 22 IPC - Moveable Property, depending on the offence and context.

Legal Position before Bharatiya Nyaya Sanhita 2023

Quick Summary

Under Section 24 IPC, an act was done "dishonestly" when it was done with the intention of causing wrongful gain to one person or wrongful loss to another. Section 23 supplied the definitions of wrongful gain and wrongful loss. Section 24 itself was a definition provision and did not independently prescribe a punishment.