BNS Section 24: Dishonestly under Bharatiya Nyaya Sanhita,

Section Overview

Section Number

24

Section Title

Dishonestly

Act

Bharatiya Nyaya Sanhita, 2023 (BNS)

Status

Active

Applicability

Applicable throughout India wherever the Bharatiya Nyaya Sanhita, 2023 is in force.

BNS Section 24 is an interpretative provision that defines the legal meaning of the term "Dishonestly." Criminal law does not punish every mistake or every act that causes loss. Instead, liability often depends upon the mental intention of the accused.

The concept of dishonesty helps courts determine whether a person acted with wrongful motives and whether the conduct resulted in unlawful gain or unlawful loss.

The section serves as the backbone of many property-related and financial offences. Without establishing dishonesty, prosecution of offences such as theft, cheating, criminal breach of trust, and misappropriation may become difficult.

BNS Section 24 substantially corresponds to Section 24 of the Indian Penal Code, 1860 and continues the same legal principle.

Section Explanation

Simple Explanation (Plain English / Hinglish)

BNS Section 24 batata hai ki "Dishonestly" ka kya matlab hota hai.

Simple language mein, jab koi vyakti kisi aur ko nuksan pahunchakar ya khud ko galat tareeke se fayda pahunchakar koi kaam karta hai, to usse dishonest mana ja sakta hai.

Yaani:

• Kisi ko wrongful loss pahunchana.

• Khud ke liye wrongful gain karna.

• Illegal tareeke se benefit lena.

Agar kisi act ke piche aisi intention ho, to law use dishonest act maan sakta hai.

Example:

Agar kisi ka wallet milne ke baad usse owner ko wapas karne ke bajay apne paas rakh liya jaye, to yeh dishonest conduct ho sakta hai.

Legal Definition (Original Law Text)

The section provides:

"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."

This definition links dishonesty directly with:

• Wrongful Gain

• Wrongful Loss

as defined under BNS Section 23.

Practical Interpretation

For an act to be dishonest:

1. There must be an intention.

2. The intention must relate to wrongful gain or wrongful loss.

3. The gain or loss must arise through unlawful means.

The law focuses on the mental state of the accused at the time of the act.

Dishonesty may exist even if:

• Actual profit is not earned.

• The loss is temporary.

• The property is eventually returned.

The critical factor is the dishonest intention.

Relationship with Wrongful Gain and Wrongful Loss

Section 24 cannot be properly understood without Section 23.

Wrongful Gain:
A person obtains property or benefit without legal entitlement.

Wrongful Loss:
A person legally entitled to property suffers unlawful deprivation.

Dishonesty arises when an act is performed with the intention of causing either of these consequences.

Punishment & Legal Classification

Punishment

Section 24 does not prescribe punishment.

It merely defines the concept of dishonesty.

Punishment arises under other offences where dishonesty is an essential ingredient, including:

• Theft

• Robbery

• Extortion

• Cheating

• Criminal breach of trust

• Criminal misappropriation

• Receiving stolen property

Bailable / Non-Bailable

Not Applicable.

Cognizable / Non-Cognizable

Not Applicable.

Compoundable

Not Applicable.

Triable By

Not Applicable.

Since Section 24 is only a definition clause, procedural classifications do not apply.

IPC ↔ BNS Mapping

IPC Section

Section 24 IPC

BNS Equivalent

Section 24 BNS

Status

Replaced with substantially identical provision.

Comparison Between IPC and BNS

The concept of dishonesty remains unchanged.

Both provisions emphasize:

• Wrongful gain.

• Wrongful loss.

• Intention.

• Unlawful benefit.

• Criminal state of mind.

The continuity ensures consistency in judicial interpretation.

Real-Life Examples

Example 1

A person finds a lost smartphone and identifies the owner through contacts stored on the device. Instead of returning it, the person sells the phone.

This may constitute dishonest conduct because the person intends to obtain wrongful gain.

Example 2

An employee secretly transfers company funds into a personal account.

The employee seeks wrongful gain while causing wrongful loss to the employer.

The act is dishonest.

Example 3

A tenant removes valuable fixtures from a rented property while vacating despite knowing they belong to the landlord.

The tenant gains unlawfully and causes wrongful loss to the owner.

Landmark Judgments

Case Name

Pyare Lal Bhargava v. State of Rajasthan

Court

Supreme Court of India

Key Takeaway

Temporary removal of property may still amount to dishonest conduct if wrongful gain or wrongful loss is intended.

Case Name

State of Gujarat v. Jaswantlal Nathalal

Court

Supreme Court of India

Key Takeaway

Dishonesty depends primarily upon intention and unlawful deprivation.

Case Name

Velji Raghavji Patel v. State of Maharashtra

Court

Supreme Court of India

Key Takeaway

Wrongful gain and wrongful loss are central to determining dishonest intention.

Legal Insights

When is this Section Applied?

Section 24 is frequently applied in cases involving:

• Theft

• Fraud

• Cheating

• Misappropriation

• Financial crimes

• Property offences

• Breach of trust

Courts often examine whether the accused acted dishonestly before determining criminal liability.

Common Misuse Scenarios

Treating Every Breach of Contract as Dishonesty

A mere contractual dispute does not automatically become a criminal offence.

Dishonest intention must be proven.

 Assuming Loss Alone Establishes Dishonesty

Loss by itself is insufficient.

The prosecution must establish wrongful gain or wrongful loss caused intentionally.

 Confusing Negligence with Dishonesty

Negligent acts are not necessarily dishonest acts.

 Ignoring Good Faith Conduct

A person acting honestly under a bona fide belief may not be acting dishonestly.

 Criminalizing Civil Disputes

Many property disputes remain civil matters unless dishonest intention is established.

Defenses Available

Common defenses include:

Good Faith

The accused genuinely believed the property belonged to them.

Absence of Intention

No wrongful gain or wrongful loss was intended.

Mistake of Fact

The accused acted under a genuine misunderstanding.

Bona Fide Claim

The accused possessed a lawful claim over the property.

Lack of Evidence

The prosecution failed to prove dishonest intention.

Importance of BNS Section 24

Section 24 is among the most significant definition provisions in criminal law.

It helps:

• Define criminal intention.

• Distinguish civil wrongs from criminal offences.

• Protect property rights.

• Support prosecution of fraud-related crimes.

• Promote fairness in criminal justice.

Without a clear definition of dishonesty, courts would struggle to determine criminal liability in property-related offences.

Modern Relevance of Dishonesty

The importance of Section 24 has increased in the digital era.

Modern forms of dishonest conduct include:

• Online scams

• UPI fraud

• Identity theft

• Digital payment fraud

• Phishing attacks

• Unauthorized electronic transfers

Although the methods have evolved, the legal principle remains the same: intentional wrongful gain or wrongful loss constitutes dishonesty.