IPC Section 25: Meaning of "Fraudulently" and BNS Section 2(9)
Section 25 of the Indian Penal Code, 1860 defines when an act is done fraudulently. The corresponding definition in the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 2(9). The central requirement is an intention to defraud.
1. Section 25 IPC: Original statutory definition
This definition is a general explanation. It does not, by itself, create a separate offence or prescribe a punishment. It supplies the meaning of the term when that term appears in an offence provision.
2. Corresponding law: BNS Section 2(9)
Section 2(9) of the Bharatiya Nyaya Sanhita, 2023 retains the essential requirement of intent to defraud, using shorter and gender-neutral language. See the official BNS text (India Code, PDF) and the India Code BNS Act record.
3. What does "intent to defraud" mean?
The key question is whether the person acted with a purpose to defraud. Depending on the offence and facts, courts examine the alleged deception, its purpose, the surrounding conduct, documents, representations, and the harm or advantage intended. Mere inaccuracy, an innocent mistake or a contractual dispute does not automatically establish fraudulent intention.
Whether an act amounts to fraud under criminal law must be assessed against all the ingredients of the specific offence; the definition of "fraudulently" cannot substitute for proof of those ingredients.
4. IPC Section 25 and BNS Section 2(9): Comparison
| Point | IPC Section 25 | BNS Section 2(9) |
|---|---|---|
| Subject | Fraudulently | Fraudulently |
| Essential requirement | Intent to defraud | Intention to defraud |
| Wording | "A person is said to do a thing..." | "means doing anything..." |
| Legal role | Definition, not an independent offence | Definition, not an independent offence |
| Temporal relevance | Historical IPC cases and saved proceedings | Offences governed by the BNS from commencement |
5. Illustrative situations
- False documentation: Knowingly fabricating a document to mislead another person may demonstrate intent to defraud, depending on the circumstances and applicable offence.
- False representations: A deliberately false representation made to secure an unlawful benefit may be evidence of fraudulent intention.
- Good-faith error: A clerical mistake made without an intention to deceive is not automatically a fraudulent act.
These are explanatory examples, not statutory illustrations of IPC Section 25 and not determinations of criminal liability.
6. Difference between "fraudulently" and "dishonestly"
IPC Section 24 (dishonestly) focuses on the intention to cause wrongful gain or wrongful loss. IPC Section 25 (fraudulently) focuses on the intention to defraud. The two concepts may overlap in a particular case, but they are not interchangeable. Under the BNS, "dishonestly" is defined in Section 2(7), and "fraudulently" in Section 2(9). For wrongful gain and wrongful loss, see IPC Section 23.
7. How is the definition used in criminal cases?
The term can be relevant where an offence provision requires fraudulent conduct, including certain document and property-related offences. For example, the BNS addresses forgery under Section 336. Whether that offence or another provision applies depends on its full statutory wording and the evidence, not simply on an allegation of fraud.
For conduct occurring before 1 July 2024, the applicable law and any saved investigation or proceedings require careful consideration. The BNS repeal-and-savings provision is Section 358; constitutional protection against retrospective penal liability must also be respected.
8. Frequently asked questions
What is Section 25 IPC?
Section 25 defines the expression "fraudulently" as doing an act with intent to defraud, and not otherwise.
Which BNS section corresponds to IPC Section 25?
Section 2(9) of the Bharatiya Nyaya Sanhita, 2023.
Does Section 25 IPC prescribe a punishment?
No. It is a definition. Punishment, if any, comes from the substantive offence established on the facts.
Is every false statement fraudulent?
No. The required intent to defraud and the ingredients of the relevant offence must be established.
9. Official legislative sources
- Bharatiya Nyaya Sanhita, 2023 - India Code official PDF (Section 2(9), Section 358).
- India Code - Central legislation database (search Indian Penal Code, 1860, Section 25).
- NCRB, Ministry of Home Affairs - BNS chapters and sections.
This article provides general legal information. For an individual case, consult the current statutory text, applicable amendments and professional legal advice.