Section 25 Indian Penal Code 1860 (IPC) – “Fraudulently”
By Vkeel Team
Table of Contents
Description
“Section 25 Indian Penal Code 1860 (IPC)”
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
Introduction
Section 25 of the Indian Penal Code (IPC) deals with the term “Fraudulently” in the context of committing an offense. This section is an essential aspect of criminal law in India. It determines the intention and mens rea (guilty mind) of the accused while committing an offense. The section applies to all cases where the term “fraudulently” is used in the IPC. In this article, we will discuss the section and its various aspects in detail.
Meaning of “Fraudulently”
The term “fraudulently” is used in many sections of the IPC, and its meaning is essential to determine the mens rea of the accused. The term refers to any action that is done with the intention to deceive or cheat someone. In other words, if someone intentionally does an act to gain an unfair advantage or cause harm to another person, it can be considered fraudulent.
The section provides that any act done “fraudulently” is done with intent to deceive. This intent is an essential element of the offense, and without it, the act cannot be considered fraudulent. The term “fraudulently” is also used in other sections of the IPC, such as Section 420, which deals with cheating and dishonestly inducing delivery of property.
Elements of “Fraudulently”
To establish an offense under Section 25 of the IPC, the prosecution must prove the following elements:
- The act was done fraudulently – The first element of the offense is that the act must be done fraudulently. This means that the accused must have intended to deceive or cheat someone by doing the act. If the act was done without any such intention, it cannot be considered fraudulent.
- Mens rea of the accused – The second element is the mens rea of the accused. The prosecution must prove that the accused had the intent to deceive or cheat someone when committing the offense. Without this intent, the accused cannot be held guilty under this section.
- The act caused harm or loss to someone – The third element is that the act must have caused harm or loss to someone. The prosecution must prove that the act resulted in a loss or damage to the victim, and this loss was a direct consequence of the accused’s fraudulent act.
Application of “Fraudulently” in IPC
The term “fraudulently” is used in various sections of the IPC, and its meaning and application differ according to the context. Some of the sections where the term is used are:
- Section 25 – This section provides that any act done fraudulently is done with the intent to deceive.
- Section 415 – This section deals with cheating, and the term “fraudulently” is used to indicate that the accused had the intention to cheat or deceive someone.
- Section 420 – This section deals with cheating and dishonestly inducing delivery of property. The term “fraudulently” is used to indicate that the accused had the intent to deceive or cheat someone to obtain property or cause a loss.
- Section 463 – This section deals with forgery, and the term “fraudulently” is used to indicate that the accused had the intent to deceive someone by making a false document.
Punishment for an offense under Section 25
The punishment for an offense under Section 25 of the IPC depends on the offense committed. If the offense committed is punishable with imprisonment for life or imprisonment for a term of 10 years or more, the punishment under this section will be imprisonment for a term of 3 years and a fine. If the offense is punishable with imprisonment for a term of less than 10 years, the punishment will be imprisonment for a term of up to 2 years or a fine, or both.
Illustrative examples of “Fraudulently” under IPC
- A sells a property to B fraudulently by showing false documents. Here, A has committed an offense under Section 420 of the IPC, and the term “fraudulently” is used to indicate that A had the intent to deceive or cheat B.
- X forges Y’s signature on a check and withdraws money from Y’s bank account. Here, X has committed an offense under Section 463 of the IPC, and the term “fraudulently” is used to indicate that X had the intent to deceive someone by making a false document.
- P pretends to be a doctor and treats patients, causing harm to some of them. Here, P has committed an offense under Section 419 of the IPC, and the term “fraudulently” is used to indicate that P had the intent to deceive people by pretending to be a doctor.
Conclusion
In conclusion, Section 25 of the Indian Penal Code is a crucial aspect of criminal law in India. The term “fraudulently” is used in various sections of the IPC, and its meaning and application differ according to the context. To establish an offense under this section, the prosecution must prove that the accused had the intent to deceive or cheat someone when committing the offense, and the act caused harm or loss to someone. The punishment for an offense under this section depends on the offense committed. Overall, this section plays an essential role in determining the mens rea of the accused while committing an offense and ensuring that justice is served.
Desctiption Source: indiacode
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