General Explanations Section 22 to 28 of IPC Movable Property, Wrongful Gain, Wrongful Loss, Gaining Wrongfully, Losing Wrongfully, Dishonestly, Fraudulently,Reason to believe, Property in possession of wife, clerk or servant, Counterfeit.

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  Lecture No. 10 on IPC

Section 22:- Movable Property The words “movable property” are intended to include corporeal property of every description except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

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: 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.

Lecture No. 11 on IPC

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.

                                     Comments

1. It is not necessary for a thing to be done dishonestly that there should be an intention to cause both “ wrongful gain” and “ wrongful loss”. Intention to cause wrongful loss would be sufficient.

2. An actual intention to convert an illegal or doubtful claim into an apparently legal one makes an action dishonest.

3. In a case, “A” entitled to the possession of his house from “B” sued B for arrears of rent basing his claim on a rent note which was found to be not genuine. A was not entitled to rent at a rate fixed by the rent note. A had an intention to cause wrongful gain and therefore the claim was held to have been made dishonestly.

Section 25:- “ Fraudulently”:- A person is said to do a thing fraudulently if does that thing with the intent to defraud but not otherwise.

                              Comments

Intent to defraud:  The words “ fraud” and “defraud” are not defined in the code. The meaning of “ defraud” has to be determined with reference to the following elements:-

I.Deceit or an intention to deceit or in some cases mere secrecy; and

II.Either actual injury or possible injury or an intent to expose some person either to actual injury or to a risk of possible injury by means of that deceit or secrecy.

Distinction between Fraudulently and Dishonestly.

1.Dishonestly does not require deception or concealment as its ingredient; while deception or concealment is an ingredient of fraudulently.

2.Dishonestly requires an intention to cause wrongful loss or wrongful gain of property. Fraudulently does not require such an intention. There can be fraud even though there is no intention to cause pecuniary loss to the person deceived.

Lecture No. 12 on IPC

Section 26: Reason to believe

•“A person is said to have “reason to believe” a thing if he has sufficient cause to believe that thing but not otherwise.”

•For example:- “B” a poor man brings to you for sale a valuable gold ornament. B comes at late hours in the night in suspicious circumstances and offers the ornament for much less of the real price. Here you may not know that the ornament are stolen but you have sufficient cause to believe that they might be stolen because B offers them at a much low price and at odd hours in the night. 

Section 27: Property in possession of wife, clerk or servant.

•“ When property is in the possession of a person’s wife, clerk or servant on account of that person, then it is in that person’s possession within the meaning of this code.

   Explanation.-  A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.”

Comments

•A man’s belongings or goods are in his possession not only while they are in his house or on his premises, but also when they are in a place where he may usually send them or in a place where they may be lawfully deposited by him.

•A permanent mistress is regarded as a wife for the purpose of this section.

Section 28 : Counterfeit

“ A person is said to “Counterfeit” who causes one thing to resemble another thing intending by means of that resemblance to practice deception or knowing it to be likely that deception will thereby be practiced.

Explanation 1 : It is not essential to counterfeiting that the imitation should be exact.

Explanation 2:- When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, then it shall be presumed until the contrary is proved that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.”

Comments

The following are the ingredients of “ Counterfeit”

1.Causing one thing to resemble another thing sufficient to cause deception;

2.Intending by means of such resemblance to practice deception, or

3.Knowing it to be likely that deception will thereby be played on another person.

•The resemblance of one thing with another must be such as was sufficient to cause deception.

•In absence of such resemblance there cannot be said to be counterfeit.

•The word counterfeit does not connote an exact reproduction of the original.