IPC Section 25 vs BNS Section 25 – Definition of Fraudulently
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 25
Definition of “Fraudulently”
About IPC Section
Section 25 of the Indian Penal Code (IPC), 1860, defines the term “Fraudulently.” According to this provision, a person is said to do something fraudulently if the act is done with intent to defraud. This section is directly tied to the concept of dishonest intention defined under IPC 24, but it carries a distinct meaning that focuses specifically on acts of deception intended to cheat another person.
Fraud involves more than just dishonesty—it requires an element of deceit or trickery. For instance, forging a document to make someone believe it is genuine or selling counterfeit goods while pretending they are original are acts done fraudulently. The emphasis here is on the deliberate attempt to deceive for wrongful gain or to cause wrongful loss.
This definition plays a key role in several criminal provisions, such as forgery, fraud, cheating, and misrepresentation. By precisely defining fraudulently, IPC Section 25 ensures that courts can distinguish between acts done in good faith and those tainted with fraudulent intention. It strengthens the justice system by punishing deceitful behavior, protecting individuals and society from being misled or cheated through fraudulent acts.
Section: BNS 25
Definition of “Fraudulently” (Retained)
About BNS Section
Section 25 of the Bharatiya Nyaya Sanhita (BNS), 2023, continues the same definition of “Fraudulently” as in IPC 25, with minor updates in drafting style. It states that an act is done fraudulently when it is carried out with the intention to defraud.
This definition is essential because fraud is one of the most common forms of criminal misconduct. The BNS retains the same interpretation to ensure clarity and continuity in applying laws on forgery, misrepresentation, counterfeiting, and cheating. Without a clear definition of fraudulent intent, proving such offenses in court would be difficult.
By modernizing the language slightly, the BNS makes the law easier to interpret but does not alter the substance. Fraudulent acts still mean those performed with deceit, trickery, or false pretenses to cause wrongful gain or wrongful loss. Examples include falsifying accounts, using forged signatures, or misrepresenting facts to obtain money or property.
The retention of this provision highlights its timeless importance. Fraud continues to be a serious offense in modern society, and BNS Section 25 ensures accountability by holding individuals liable for acts involving deception. Thus, the law maintains consistency while aligning with present-day usage.