Section 25 IPC: “Fraudulently”

Indian Penal Code, 1860

Section 25 IPC at a Glance

Section 25 IPC defines the term “Fraudulently”. From 1 July 2024 it is replaced by Section 2(9) BNS.

Punishment

None. Section 25 IPC creates no offence.

BNS Equivalent

Section 25 IPC Bare Act Text

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

Source: Section 25, Indian Penal Code, 1860

Section 25 IPC in Simple Words

Section 25 of the Indian Penal Code (IPC) defines the word fraudulently. A person does a thing fraudulently if he does it with intent to defraud, and not otherwise. The closing words shut out any other state of mind. The Code does not itself define defraud. The section creates no offence and sets no punishment.

Ingredients of Section 25 IPC

An act done by the person
An intent to defraud when doing it

Punishment Under Section 25 IPC

Imprisonment

None. Section 25 IPC creates no offence.

Fine

None.

Section 25 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 25 IPC

In 2016 in Shimla, Naveen applied for a post as an engineer at a construction firm managed by Rekha. Because he did not hold the required university degree, Naveen printed a fake degree certificate bearing a forged university seal and submitted it to Rekha to deceive her into believing he was a qualified graduate and to secure the job. Naveen prepared and presented the false certificate deliberately to deceive Rekha and induce her to appoint him. Because Naveen did that act with intent to defraud, he acted fraudulently under Section 25 IPC.

When Section 25 IPC Does Not Apply

Section 25 IPC does not apply when a seller misstates the weight of grain due to an accidental calculation error without any intent to defraud.
Section 25 IPC does not apply when a clerk alters a date in a register merely to correct a genuine clerical slip, because there is no intent to defraud anyone.
Section 25 IPC does not apply when a person openly snatches property to cause wrongful gain without practicing any deceit, because the act is done without intent to defraud.

Section 25 IPC in the BNS

Section 25 IPC is now covered under Section 2(9) BNS.

Section 2(9) BNS states the definition as fraudulently means doing anything with the intention to defraud but not otherwise. The IPC said a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. Intent becomes intention; the test is the same, and the closing words but not otherwise are kept.

View detailed comparison (IPC 25 vs BNS 2(9)) →

FAQs on Section 25 IPC

What does Section 25 IPC define?▼

The word fraudulently. A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Under Section 25 IPC, what do the words but not otherwise add?▼

They make intent to defraud the only way to act fraudulently. Carelessness, an honest mistake or a bad bargain is not enough.

Under Section 25 IPC, how is fraudulently different from dishonestly?▼

Section 24 IPC turns on an intention of causing wrongful gain or wrongful loss of property. Section 25 IPC turns on intent to defraud. Some offences name both, such as cheating under Section 415 IPC.

Under Section 25 IPC, where does the word fraudulently matter?▼

In the offences that use it, such as cheating under Section 415 IPC, fraudulent removal of property to prevent its seizure under Section 206 IPC, and fraudulent removal of property to defeat creditors under Section 421 IPC.

Does Section 25 IPC create an offence?▼

No. It fixes the meaning of the word and sets no punishment. The punishment comes from the section charged.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·