Fraudulently
Also called: Intent to defraud
Doing anything with the intention to defraud, but not otherwise (Section 2(9) of the BNS). The intention involves deceit and an intended injury to the person deceived.
Explained
Section 2(9) of the BNS says that fraudulently means doing anything with the intention to defraud but not otherwise. The provision was earlier Section 25 of the IPC. The Sanhita does not define the word defraud, so its content comes from case law. In Dr. Vimla v. Delhi Administration (1963) the Supreme Court explained that an intention to defraud has two elements: deceit, and an injury, actual or intended, to the person deceived or to someone else. The injury need not be economic; harm to body, mind, reputation or similar interests is enough. The words but not otherwise stress that deceit alone, without the intention to defraud, does not make an act fraudulent.
Fraudulently must be distinguished from dishonestly. Under Section 2(7) a person acts dishonestly when he intends wrongful gain to one person or wrongful loss to another, and wrongful gain and wrongful loss in Sections 2(36) and 2(37) relate to property. Dishonesty needs no deceit but must concern property; fraud needs deceit but need not concern property. The same act may be both, which is why many provisions use the pair fraudulently or dishonestly, for example cheating under Section 318(1), making a false document under Section 335 and using a forged document as genuine under Section 340(2).
The word does not create an offence by itself. In Mohammed Ibrahim v. State of Bihar (2009) the Court held that showing a person acted fraudulently is not enough unless that act is made an offence by law, and that selling another's land as one's own is not making a false document. Civil statutes also use the word, as in Section 43 of the Transfer of Property Act, and under the BSA the fact that a person acted fraudulently is itself a fact capable of proof.
Examiners commonly ask candidates to match dishonestly, fraudulently, valuable security and reason to believe with their definitions, and to identify the two elements of an intent to defraud.
What the law says
(9) “fraudulently” means doing anything with the intention to defraud but not otherwise;
Section 2(9) defines fraudulently; 2(7) defines dishonestly
Earlier law: IPC 33. “Act”. “Omission”; 47. “Animal”.; New Sub-Section; 28. “Counterfeit”.; 20. “Court of Justice”.; 46. “Death”.; 24. “Dishonestly”.; 29. “Document”.; 25. “Fraudulently”; 8. Gender.; 52. “Good faith”; 17. “Government”.; 52A. “Harbour“.; 44. “Injury”.; 43. “Illegal”. “Legally bound to do”.; 19. “Judge”.; 45. “Life”.; 42. “Local law”.; 10. “Man”. “Woman”.; 49. “Year”. “Month”.; 22. “Movable property”; 9. Number.; 51. “Oath”.; 40. “Offence”.; 33. “Act”. “Omission”; 11. “Person”.; 12. “Public”.; 21. “Public servant”.; 26. “Reason to believe”
(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat.
Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.
Illustrations.
Cheating: deceiving and fraudulently or dishonestly inducing
Earlier law: IPC 415. Cheating.
(A) Who dishonestly or fraudulently—
(i) makes, signs, seals or executes a document or part of a document;
(ii) makes or transmits any electronic record or part of any electronic record;
Making a false document dishonestly or fraudulently
Earlier law: IPC 464. Making a false document.
Where a person [fraudulently or] erroneously represents that he is authorised to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.
Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option.
Illustration
Fraudulent or erroneous representation of authority to transfer
Earlier law: Section 25, IPC
Example
For example, A forges B's consent letter to obtain admission for his son, intending no money gain or loss to anyone. A acts fraudulently, because he deceives the college and causes it injury, though he does not act dishonestly.
For the exam
- Section 2(9) BNS (earlier Section 25 IPC): intention to defraud but not otherwise.
- Intent to defraud = deceit plus actual or intended injury; injury need not be pecuniary.
- Dishonestly (Section 2(7)) concerns wrongful gain or loss of property and needs no deceit.
- Cheating (Section 318) and false documents (Section 335) use 'fraudulently or dishonestly'.
267 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Judgments
Related terms
- DishonestlyDoing anything with the intention of causing wrongful gain to one person or wrongful loss to another person (Section 2(7) of the BNS).
- Wrongful gainGain by unlawful means of property to which the person gaining is not legally entitled (Section 2(36) of the BNS). Wrongfully retaining property is gain as much as wrongfully acquiring it.
- Wrongful lossThe loss by unlawful means of property to which the person losing it is legally entitled. Defined in Section 2(37) of the BNS; it is one half of the definition of dishonestly.
- FraudUnder Section 17 of the Contract Act, specified acts by a party to a contract, or with his connivance, or by his agent, done to deceive the other party or induce him to contract.
- Deceitful meansUnder the Explanation to Section 69 of the BNS, includes inducement for, or false promise of, employment or promotion, or marrying by suppressing identity.
- DocumentAny matter expressed, described or recorded on any substance by letters, figures, marks or other means, intended or usable to record or prove that matter, and including electronic and digital records.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.