Indian penal code 1860 wrongful gain and wrongful loss
By : IQBAL
New Delhi :-
Indian Penal Code Section 23
“Wrongful gain”– “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.
“Wrongful loss”,-“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
Gaining wrongfully and losing wrongfully.-
A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully.
A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
Ritesh earns any profit from Ramesh’s property through illegal arms. Ritesh separates Ramesh from his property while earning profit. It’s called “Wrongful gain”.
In the same paragraph, Ramesh has suffered a loss because Ramesh is separated from his unlawful property.
Indian Penal Code Section 24
“Dishonestly”.- 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”.
Example – Ram and Shyam were fighting with each other over a property. Ramesh was passing by on the way.
Both Ram and Shyam make peace with Ramesh, Ramesh makes Ram gain and Shyam is harmless, this is a dishonest act done by Ramesh.