image

IPC 25

IPC Section 25 – "Fraudulently" | Meaning, Legal Significance & Free Legal Consultation
Section 25 · Indian Penal Code

IPC Section 25 – "Fraudulently"

Section 25 of the Indian Penal Code is a compact but foundational general definition. It is not itself a punishable offence — it fixes the meaning of "fraudulently" wherever that word is used elsewhere in the Code, defining it simply as doing something with intent to defraud, but not otherwise. Short as it is, this two-word test — intent to defraud — underpins the mental element of forgery, cheating, and numerous other deception-based offences.

Nature: General definition, not an offence
Punishment: None — this section defines a term used elsewhere
Test: Intent to defraud
Underpins: Forgery, cheating, and other deception offences
BNS 2023 equivalent: Section 2(9)
⚡

Quick Answer: What Does Section 25 Mean?

In simple terms, Section 25 tells you what "fraudulently" means every time that word appears elsewhere in the IPC — and it's central to offences like forgery and cheating. The definition itself is deliberately brief: doing something with "intent to defraud." While the Code doesn't spell out every element of "intent to defraud" within this section, courts have long interpreted it as requiring more than mere deception alone — there generally needs to be some element of injury, or the real possibility of injury, to the person deceived, whether that's financial loss, harm to a legal right, or some other detriment.

The definition is deliberately concise: "intent to defraud, but not otherwise"
Courts have interpreted "intent to defraud" as generally requiring deception plus some element of injury or possible injury
Distinguished from "dishonestly" (Section 24), which focuses on wrongful gain or loss of property specifically
Central to interpreting forgery, cheating, and numerous other deception-based offences throughout the Code

What is IPC Section 25?

IPC Section 25 sits in Chapter II of the Indian Penal Code, "General Explanations," directly following Section 24 ("dishonestly"). Together, these two provisions supply the Code's two principal mens rea (mental state) definitions for deception-related offences — "dishonestly," which focuses narrowly on intending wrongful gain or wrongful loss of property, and "fraudulently," which focuses more broadly on intending to defraud, a concept that can extend beyond purely property-related harm.

Despite its brevity, Section 25 has generated a significant body of judicial interpretation, since the Code itself doesn't define "defraud" any further. Courts have generally held that "intent to defraud" involves deception combined with some element of actual or possible injury to the person deceived — meaning the definition is narrower than simple deceit alone, and requires courts to examine both the deceptive act and its intended or likely consequences.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 25 IPC now corresponds to Section 2(9) of the BNS, which retains an essentially identical definition, with minor phraseology changes for modern legal drafting.

Nature & Scope of Section 25

Nature of ProvisionGeneral definition/explanation — it does not create an offence or prescribe any punishment
PurposeFixes the meaning of "fraudulently" wherever that word appears elsewhere in the IPC
Core TestIntent to defraud — deception generally combined with some element of actual or possible injury
Distinguished From"Dishonestly" (Section 24), which focuses specifically on wrongful gain or wrongful loss of property
BNS 2023 EquivalentSection 2(9) (essentially identical definition)

Because Section 25 has no independent punishment, cognizability, or bailability of its own, these classifications are determined entirely by whichever substantive offence provision the term "fraudulently" is being applied to — for example, Section 463 (forgery) or Section 415 (cheating).

How Courts Interpret "Intent to Defraud"

1

Deception alone is not enough

Courts have generally held that mere deception, without more, does not satisfy the "intent to defraud" test — there must generally be some further element of actual or possible injury to the person deceived.

2

The injury need not be purely financial

Unlike "dishonestly," which is tied to property, "fraudulently" can extend to non-property harms — for example, deceiving someone in a way that affects a legal right, a reputation, or another significant interest.

3

The intent must exist at the time of the act

The relevant fraudulent intent must be present when the act is done — a later change of heart, or subsequent realisation that an earlier act might cause harm, does not retroactively make an innocent act fraudulent.

Where "Fraudulently" Is Used in the IPC

The definition established by Section 25 is a core mens rea element across several of the Code's significant provisions, including:

  • Section 463 — forgery, which requires the making of a false document or electronic record with intent to cause damage or injury, or with intent to commit fraud or that fraud may be committed.
  • Section 415 — cheating, which can be established through either fraudulent or dishonest inducement, depending on the specific facts.
  • Numerous other offences throughout the Code involving deception, misrepresentation, or fraudulent dealing, where "fraudulently" appears either alone or alongside "dishonestly."

Because "fraudulently" and "dishonestly" are related but distinct concepts, establishing precisely which mental state applies — and whether the specific facts satisfy it — is often a central, closely contested issue in prosecutions involving forgery, cheating, and related deception offences.

Frequently Asked Questions on Section 25

Is Section 25 itself a punishable offence?+
No, it is a general definition. It has no independent punishment — it defines the mental element "fraudulently" for the purposes of every other provision in the Code that uses the term.
What does "intent to defraud" actually require?+
Courts have generally interpreted this as requiring deception combined with some element of actual or possible injury to the person deceived — mere deceit alone, without any such consequence, is generally not sufficient.
What is the difference between "fraudulently" and "dishonestly" under the IPC?+
"Dishonestly" (Section 24) focuses specifically on intention to cause wrongful gain or wrongful loss relating to property. "Fraudulently" (Section 25) focuses more broadly on an intention to defraud, which can extend to harms beyond purely property-related consequences.
Does the injury caused by fraud have to be financial?+
No, "intent to defraud" can extend to non-financial harms as well — for example, affecting a legal right or another significant interest, not just monetary or property loss.
Which offences commonly require "fraudulent" intent?+
Forgery (Section 463) is among the most commonly invoked offences requiring this mental element, along with cheating (Section 415) and numerous other deception-related provisions.
Can an act be both "fraudulent" and "dishonest" at the same time?+
Yes, some offences use the phrase "fraudulently or dishonestly," recognising that a given act might satisfy either or both mental states depending on the specific facts.
Is Section 25 still relevant after the Bharatiya Nyaya Sanhita (BNS) came into force?+
Yes. The BNS retains an essentially identical definition under Section 2(9), so the same core test — intent to defraud — continues to apply to offences committed on or after 1 July 2024.
Do I need a lawyer if "fraudulent" intent is disputed in my case?+
Yes, since establishing or disproving this specific mental element is often the central, fact-intensive issue in forgery, cheating, and related criminal cases. Many lawyers, including our panel, offer a free initial consultation — call +91 94797 98899.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Consult a qualified advocate for guidance on your specific case, especially given the transition from IPC to BNS.
2,500+Forgery, cheating & deception cases handled
20+ CitiesAdvocates available pan-India
15+ YearsCombined criminal law experience
24x7Support for urgent legal queries

Get Clarity on a "Fraudulent Intent" Issue in Your Case

Whether you're a complainant or the accused, speak to an experienced criminal lawyer today about how this definition applies to your facts.

© 2026 Aapka Legal Advice. This page provides general information about IPC Section 25 and is not a substitute for professional legal advice.
Need urgent legal help?📞 Call +91 94797 98899
WhatsApp
GET IN TOUCH

Get Free Legal Advice from
Aapka Legal Advice Experts

(+91) 94797 98899 FEEL FREE TO CALL US