IPC Section 24: Meaning of Dishonestly under Indian Criminal Law
Section 24 of the Indian Penal Code, 1860 defined when an act is done "dishonestly". Its corresponding definition now appears in Section 2(7) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did IPC Section 24 say?
"Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing 'dishonestly'."
The definition turns on the intention to cause wrongful gain or wrongful loss. It does not require both to be intended. The existence of dishonest intention is assessed from the facts and circumstances of the case.
Current law: BNS Section 2(7)
Section 2(7) of the Bharatiya Nyaya Sanhita, 2023 defines "dishonestly" as doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person. This retains the substance of the former IPC definition.
Read the official text of the Bharatiya Nyaya Sanhita, 2023 and the NCRB IPC-to-BNS correspondence table.
Essential elements of dishonest intention
- An act or conduct: The person does something relevant to the alleged offence.
- Intention: The conduct is accompanied by an intention to cause wrongful gain or wrongful loss.
- Unlawful property consequence: The intended gain or loss is understood by reference to the statutory definitions of wrongful gain and wrongful loss.
Dishonesty is a defined mental element used in various offences; Section 24 IPC and Section 2(7) BNS are definitions, not independent punishment provisions.
Wrongful gain and wrongful loss
Wrongful gain: Under BNS Section 2(36), gain by unlawful means of property to which the person gaining is not legally entitled.
Wrongful loss: Under BNS Section 2(37), loss by unlawful means of property to which the person losing it is legally entitled.
Gaining or losing wrongfully: Under BNS Section 2(38), wrongful gain includes wrongful acquisition or retention; wrongful loss includes wrongful deprivation or being wrongfully kept out of property. These definitions were previously consolidated in IPC Section 23.
Practical examples
Example 1: A person knowingly takes another person's property without permission intending to obtain an unlawful benefit. The intention may satisfy the definition of dishonestly, subject to proof of all elements of the applicable offence.
Example 2: A person deliberately retains money belonging to another despite knowing there is no lawful entitlement to keep it. Depending on the facts, this may amount to an intention to cause wrongful gain or loss.
Example 3: A genuine dispute about ownership, without the requisite dishonest intention, does not automatically become a criminal offence merely because one party suffers financial loss.
IPC Section 24 and BNS Section 2(7): Comparison
| Aspect | IPC Section 24 | BNS Section 2(7) |
|---|---|---|
| Defined term | Dishonestly | Dishonestly |
| Core requirement | Intention to cause wrongful gain or wrongful loss | Same substantive requirement |
| Legal context | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Application | Relevant to saved earlier matters | Current general penal law from 1 July 2024 |
Why the definition matters
Dishonest intention is relevant when determining liability for property-related offences, including theft and criminal misappropriation. An allegation of financial loss alone does not establish dishonest intention. The prosecution must establish the ingredients of the particular charged offence according to applicable law.
Frequently asked questions
What is the meaning of dishonestly under IPC Section 24?
It means doing something with the intention of causing wrongful gain to one person or wrongful loss to another.
What is the corresponding BNS provision?
BNS Section 2(7) contains the corresponding definition of dishonestly.
Does every financial loss prove dishonesty?
No. The statutory definition requires the relevant intention. Mere loss or a civil dispute is not sufficient by itself.
Is Section 24 IPC still relevant?
Yes, especially when examining conduct and proceedings governed by the IPC before the BNS commenced, subject to applicable savings provisions.
Official legal references
- India Code: Bharatiya Nyaya Sanhita, 2023 (official PDF)
- Ministry of Home Affairs: New Criminal Laws
- National Crime Records Bureau: IPC and BNS corresponding sections
This article is for general legal information. The law applicable to a particular incident depends on its date, the alleged conduct and the relevant statutory provisions.