IPC Section 23 — Wrongful gain

general explanations

General

Summary

Wrongful gain means getting property through illegal methods when you have no legal right to it. Wrongful loss means losing property through illegal methods when you had a legal right to it. A person gains wrongfully not only by illegally taking property, but also by illegally keeping property they should not have. A person loses wrongfully not only when property is taken from them illegally, but also when they are illegally prevented from getting property they are entitled to.

Official Text

“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”: A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully.
“Losing 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.

Related Judgments

  • SC (1962) Vol.1 p.75 — Supreme Court of India (1962)
  • R. VENKATAKRISHNAN v. CENTRAL BUREAU OF 781 INVESTIGATION — Supreme Court of India (2009)
  • CRL A/735/2004 — Madras High Court (2004)
  • RAM RATAN v. STATE — Supreme Court of India (1965)
  • ... Petitioners/Accused 6 & 7 vs 1.Inspector of Police, — Madras High Court (2012)
  • SC (1957) Vol.1 p.623 — Supreme Court of India (1957)
  • Accused 4 and 1 to 3 vs 1.State represented by — Madras High Court (2010)
  • S.C.R. 884 884 VIJAY KUMAR GHAI & ORS v. THE STATE OF WEST BENGAL & ORS — Supreme Court of India (2022)

Old <-> New Code Mapping