Wrongful loss
Also called: Losing wrongfully
The 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.
Explained
Section 2(37) of the BNS defines wrongful loss as the loss by unlawful means of property to which the person losing it is legally entitled. Its counterpart, wrongful gain under Section 2(36), is gain by unlawful means of property to which the person gaining is not legally entitled. Section 2(38) widens both: a person loses wrongfully when he is wrongfully kept out of any property, as well as when he is wrongfully deprived of property. These provisions were earlier in Section 23 of the IPC.
The elements are three: there must be property, the person losing it must be legally entitled to it, and the loss must be brought about by unlawful means. Because Section 2(38) covers being kept out of property, the loss need not be permanent. In Pyare Lal Bhargava v. State of Rajasthan the Supreme Court held that taking a government file out of the office and returning it the next day caused wrongful loss to the Government, since the owner was deprived of it for that period.
The concept matters because Section 2(7) of the BNS defines dishonestly as doing anything with the intention of causing wrongful gain to one person or wrongful loss to another. Dishonest intention is the mental element in theft under Section 303, dishonest misappropriation under Section 314 and criminal breach of trust under Section 316, and wrongful loss also appears directly in Section 318(3) on cheating a person whose interest the offender was bound to protect and in Section 324 on mischief. It is different from fraudulently under Section 2(9), which requires an intention to defraud rather than an intention to cause wrongful gain or wrongful loss.
Examiners test the matching of dishonestly, fraudulently, wrongful gain and wrongful loss, and whether a temporary deprivation is enough. The same wording is reproduced in the Explanation to Section 447 of the Companies Act, 2013 for the offence of fraud.
What the law says
(37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled;
Clauses (36) to (38) define wrongful gain, wrongful loss and losing wrongfully
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, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2.—A moving effected by the same act which affects the severance may be a theft.
Theft requires an intention to take dishonestly
Earlier law: IPC 378. Theft.
(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Cheating with knowledge of likely wrongful loss to a protected person
Earlier law: IPC 415. Cheating.
(iii) “wrongful loss” means the loss by unlawful means of property to which the person losing is legally entitled.
Explanation to the fraud provision repeats the definition
Earlier law: Section 23, IPC
Example
For example, A takes Z's bicycle without consent, intending to return it after a week. Z is wrongfully kept out of his property for that week, which is wrongful loss, so A's intention is dishonest.
For the exam
- Wrongful loss is defined in Section 2(37) BNS; earlier Section 23 IPC.
- Being wrongfully kept out of property is also wrongful loss under Section 2(38).
- Intention to cause wrongful gain or wrongful loss is what makes an act dishonest (Section 2(7)).
- Temporary deprivation suffices: Pyare Lal Bhargava v. State of Rajasthan.
- Fraudulently (Section 2(9)) turns on intent to defraud, not on intent to cause wrongful gain or loss.
35 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Judgments
Related terms
- 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.
- DishonestlyDoing anything with the intention of causing wrongful gain to one person or wrongful loss to another person (Section 2(7) of the BNS).
- FraudulentlyDoing 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.
- TheftDishonestly moving movable property out of another person's possession, without that person's consent, in order to take it (Section 303(1) of the BNS).
- Movable propertyUnder Section 2(21) of the BNS, property of every description except land and things attached to the earth or permanently fastened to anything attached to the earth. Other Acts frame it differently.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.