“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, 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.
IPC Section 23: Simplified Explanation
IPC Section 23 of the Indian Penal Code (IPC) defines the fundamental concepts of “Wrongful Gain” and “Wrongful Loss.” These concepts are essential in understanding various offences under the IPC, especially those related to property, theft, fraud, and embezzlement. Understanding these concepts is crucial to interpreting the intentions behind and the consequences of actions deemed criminal under the law.
Wrongful Gain is defined as the Gain obtained through unlawful means of property to which the person gaining is not legally entitled. It means obtaining something of value, usually property, in a manner that is not permitted by law and results in someone else being deprived of that value.
Conversely, Wrongful Loss is defined as the loss by unlawful means of property to which the person losing it is legally entitled. It refers to the deprivation of property or value in a manner contrary to the law, where the rightful owner is unlawfully deprived of what they are entitled to.
“Wrongful Gain” and “Wrongful Loss” are pivotal because they underscore the illegal transfer or deprivation of property rights. The notion that Gain for one party is directly correlated to a loss for another is central to understanding crimes like theft, fraud, and embezzlement under the IPC. For an act to be considered a crime under these sections, there must typically be an intention to cause wrongful Gain to one person and wrongful loss to another.
Here are some critical points regarding these concepts:
- Intentionality: The focus on wrongful Gain or loss highlights the importance of the perpetrator’s intention to unlawfully benefit themselves or another party at someone else’s expense.
- Legal Entitlement: It emphasizes the legal rights to property and the protection of these rights against unlawful deprivation or acquisition.
The breadth of Application: These concepts apply across a range of offences in the IPC, making them fundamental to the criminal law framework. They are not limited to tangible property but can also apply to intangible assets, provided they have an identifiable value and legal entitlement.
