Section Overview
Section Number
25
Section Title
Fraudulently
Act
Bharatiya Nyaya Sanhita, 2023 (BNS)
Status
Active
Applicability
Applicable throughout India wherever the Bharatiya Nyaya Sanhita, 2023 is in force.
BNS Section 25 is an interpretation clause that defines the legal meaning of the word "Fraudulently." Although the term is commonly used in everyday language, criminal law assigns a specific meaning to it.
The concept of fraud is fundamental because many offences depend upon proving that a person intentionally deceived another person for unlawful gain or caused unlawful harm through deceptive conduct.
Fraudulent conduct is often associated with:
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Cheating
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Forgery
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Property fraud
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Financial fraud
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Document fraud
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Identity fraud
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Cyber fraud
The section serves as a foundation for several criminal offences where fraudulent intention is an essential element.
BNS Section 25 substantially corresponds to Section 25 of the Indian Penal Code, 1860 and continues the same legal principle under the Bharatiya Nyaya Sanhita.
Section Explanation
Simple Explanation (Plain English / Hinglish)
BNS Section 25 batata hai ki "Fraudulently" ka legal meaning kya hota hai.
Simple language mein, jab koi vyakti kisi kaam ko dhokhe se karta hai taaki usse galat fayda mile ya kisi doosre ko nuksan ho, to us act ko fraudulent mana ja sakta hai.
Fraud ka matlab sirf jhooth bolna nahi hota.
Fraud mein shamil ho sakta hai:
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Jhoothi information dena
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Documents mein hera-pheri karna
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Sachchai chhupana
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Fake identity ka use karna
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Kisi ko mislead karna
Example:
Agar koi vyakti fake property documents dikha kar kisi se paise le leta hai, to yeh fraudulent conduct ho sakta hai.
Legal Definition (Original Law Text)
The section provides:
"A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise."
This means that the essence of fraud lies in the intention to defraud.
The act itself may appear lawful on the surface, but if it is performed with an intention to deceive or defraud another person, criminal liability may arise.
Practical Interpretation
For an act to be fraudulent:
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There must be an intention to deceive.
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The deception must be deliberate.
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The act must be capable of causing harm, loss, or unlawful gain.
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The conduct must involve an element of fraud.
Courts generally examine:
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The intention of the accused.
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The surrounding circumstances.
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The effect of the deception.
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The benefit gained by the accused.
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The loss suffered by the victim.
Fraudulent conduct does not always require actual loss. In many cases, the intention to defraud itself may be sufficient.
Difference Between Dishonestly and Fraudulently
Although the two concepts often overlap, they are not identical.
Dishonestly (BNS Section 24) focuses on:
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Wrongful gain
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Wrongful loss
Fraudulently (BNS Section 25) focuses on:
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Intent to defraud
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Deception
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Misrepresentation
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Inducing another person through fraudulent means
An act may be both dishonest and fraudulent depending upon the facts of the case.
Punishment & Legal Classification
Punishment
BNS Section 25 does not prescribe punishment.
It merely defines the term "Fraudulently."
Punishment arises under separate offences where fraudulent conduct forms an essential ingredient, including:
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Cheating
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Forgery
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Using forged documents
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Identity fraud
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Property fraud
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Financial fraud
Bailable / Non-Bailable
Not Applicable.
Cognizable / Non-Cognizable
Not Applicable.
Compoundable
Not Applicable.
Triable By
Not Applicable.
Since Section 25 only provides a definition, procedural classifications do not apply.
IPC ↔ BNS Mapping
IPC Section
Section 25 IPC
BNS Equivalent
Section 25 BNS
Status
Replaced with substantially identical provision.
The legal meaning of fraudulently remains substantially unchanged under BNS.
Real-Life Examples
Example 1
A person creates fake ownership documents and sells land that does not belong to him.
The act is fraudulent because it involves deception and intent to defraud.
Example 2
An individual uses forged educational certificates to obtain a government job.
The use of forged documents may amount to fraudulent conduct.
Example 3
A cybercriminal creates a fake banking website to collect users' login credentials.
The website is designed with an intention to defraud and therefore constitutes fraudulent activity.
Landmark Judgments
Case Name
Dr. Vimla v. Delhi Administration
Court
Supreme Court of India
Key Takeaway
The Court explained that fraud involves deception and an intention to defraud another person.
Case Name
State of Andhra Pradesh v. T. Suryachandra Rao
Court
Supreme Court of India
Key Takeaway
Fraud vitiates every transaction and courts take a strict view of fraudulent conduct.
Case Name
S.P. Chengalvaraya Naidu v. Jagannath
Court
Supreme Court of India
Key Takeaway
Fraud strikes at the very foundation of justice and cannot be tolerated in legal proceedings.
Legal Insights
When is this Section Applied?
Section 25 is commonly applied when courts need to determine whether an act was performed with an intention to defraud.
It frequently arises in cases involving:
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Cheating
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Forgery
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Property fraud
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Banking fraud
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Cybercrime
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Fake documents
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Corporate fraud
Common Misuse Scenarios
Treating Every False Statement as Fraud
Not every incorrect statement amounts to fraud.
Intent to defraud must be established.
Confusing Breach of Contract with Fraud
A contractual dispute is not automatically criminal fraud.
Ignoring Honest Mistakes
An honest mistake may not constitute fraudulent conduct.
Assuming Loss Alone Proves Fraud
Loss by itself does not establish fraud.
Fraudulent intention is essential.
Criminalizing Purely Civil Disputes
Many property and business disputes remain civil matters unless fraudulent intention is proven.
Defenses Available
Common defenses include:
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Absence of fraudulent intention.
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Good faith conduct.
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Bona fide belief.
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Mistake of fact.
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Lack of evidence.
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No intention to deceive.