IPC Section 23 vs BNS Section 23 – Definition of Wrongful Gain and Wrongful Loss
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 23
Definition of “Wrongful Gain” and “Wrongful Loss”
About IPC Section
Section 23 of the Indian Penal Code (IPC), 1860, provides definitions for two important concepts: “Wrongful Gain” and “Wrongful Loss.” According to this section, wrongful gain means acquiring property by unlawful means to which the person gaining it is not legally entitled. Wrongful loss, on the other hand, refers to being unlawfully deprived of property to which a person is legally entitled.
These definitions are crucial because they form the foundation for many property-related offenses under the IPC. Crimes like theft, cheating, misappropriation, and criminal breach of trust often involve either wrongful gain for the offender or wrongful loss to the victim. By codifying these terms, the IPC ensures precision in applying criminal liability and helps courts assess whether an offense has indeed been committed.
The underlying principle of this section is that no individual should gain unlawfully at the expense of another’s lawful rights. It emphasizes fairness and the protection of ownership in society. Section 23 also guides interpretation of other provisions where wrongful intent is a deciding factor. Thus, IPC 23 plays a key role in distinguishing between lawful possession and unlawful acquisition, safeguarding justice in property-related disputes.
Section: BNS 23
Definition of “Wrongful Gain” and “Wrongful Loss” (Retained)
About BNS Section
Section 23 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the definitions of “Wrongful Gain” and “Wrongful Loss” as originally provided in IPC Section 23. It states that wrongful gain means securing property by illegal means to which the person has no legal right, while wrongful loss refers to being illegally deprived of property that rightfully belongs to a person.
The BNS continues this provision with almost identical wording, reflecting its continued relevance in present-day criminal law. Offenses such as theft, fraud, cheating, and misappropriation remain closely tied to these definitions. By retaining this section, the BNS ensures consistency and avoids creating ambiguity in property-related crimes.
Although the wording has been slightly modernized to remove archaic expressions, the essence and scope remain the same. The definitions provide clarity for courts and investigating agencies, ensuring that acts of unlawful gain or unlawful deprivation of property are punished appropriately.
This demonstrates the principle that while laws evolve, certain core definitions—like wrongful gain and wrongful loss—are timeless and indispensable. BNS Section 23 therefore safeguards continuity, ensuring accountability in property-related offenses while keeping the language better aligned with modern legislative style.