Section 25 IPC - Fraudulently
Section 25 of the Indian Penal Code, 1860 defined when a person acts "fraudulently." The statutory definition turns on doing a thing with intent to defraud and provides that, without that intention, the act is not fraudulent within the meaning of this definition.
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
Meaning of Fraudulently under Section 25 IPC
Section 25 was a general definition provision in Chapter II of the IPC. It did not by itself create an offence or prescribe a punishment. Instead, it defined the expression "fraudulently" for provisions of the Code in which that expression formed part of the relevant legal ingredients.
The definition is brief but specific. A person acts fraudulently when the thing is done with intent to defraud. The concluding words "but not otherwise" emphasize the importance of that required intention.
Essential Elements of Section 25 IPC
On the language of Section 25, the definition requires:
- a thing done by a person;
- the presence of intent to defraud; and
- the act to be considered in the context of the IPC provision in which "fraudulently" is used.
Section 25 therefore supplies a definition of the required mental character of conduct. Whether the definition is satisfied in a particular case depends on the relevant facts and the ingredients of the substantive offence or provision being applied.
Importance of Intent to Defraud
The expression "intent to defraud" is the central statutory requirement. Section 25 does not say merely that an act which produces an unfavorable consequence is fraudulent. The definition expressly requires the specified intent.
For that reason, the legal inquiry under a provision using the word "fraudulently" must address the required intention in addition to the external act alleged.
Fraudulent Conduct, Gain and Loss
The original article noted that fraudulent conduct can cause loss to another person or result in gain. That practical observation may be relevant to the facts of a particular case, but Section 25 itself defines "fraudulently" by the presence of intent to defraud rather than by separately stating wrongful gain or wrongful loss as its statutory test.
Where wrongful gain or wrongful loss is directly relevant, Section 23 IPC supplies those definitions.
Difference between Fraudulently and Dishonestly
An act is done dishonestly when it is done with the intention of causing wrongful gain to one person or wrongful loss to another person.
A person does a thing fraudulently when the person does that thing with intent to defraud, but not otherwise.
The statutory definitions are therefore distinct. Section 24 IPC - Dishonestly is expressly linked to wrongful gain and wrongful loss, while Section 25 uses the test of intent to defraud. The expression required by the particular offence should be applied according to its statutory definition and context.
Related IPC Provisions
The most closely related definitions are Section 23 IPC - Wrongful Gain and Wrongful Loss and Section 24 IPC - Dishonestly. These provisions appear together among the general explanations and definitions used throughout the IPC.
The original page also linked to Section 53 IPC - Punishments. Section 53 concerns the kinds of punishments to which offenders were liable under the Code and is distinct from the definitional function of Section 25.
Legal Position before Bharatiya Nyaya Sanhita 2023
Historical legal position: This article explains Section 25 of the Indian Penal Code, 1860 as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is retained as an IPC reference for the earlier legal framework and matters in which the former law remains relevant.
Quick Summary
Section 25 IPC defined acting "fraudulently" by reference to intent to defraud. The section was a definition provision and did not independently prescribe punishment. Its test should be distinguished from Section 24, which defined "dishonestly" through an intention to cause wrongful gain or wrongful loss.