Wrongful Gain and Wrongful Loss in BNS & in IPC

Wrongful Gain and Wrongful Loss in IPC:

The concepts of wrongful gain and wrongful loss are foundational under Section 23 of the Indian Penal Code (IPC). They underline the idea of gaining or depriving someone of property through unlawful means.

Definitions as per Section 23 of IPC :

Wrongful Gain:
Gaining property by unlawful means when the person gaining is not legally entitled to it.
- Key Aspects:
  - Gaining possession unlawfully.
  - Retaining property unlawfully.
Wrongful Loss:
The unlawful deprivation of property from a person legally entitled to it.
- Key Aspects:
  - Being deprived of possession.
  - Being wrongfully kept out of the property.

Wrongful Gain & Wrongful Loss in BNS:

In IPC, these concepts are defined in one section only i.e. section 23. However, in BNS it is defined under section 2 (36), 2(37), 2(38).

(36) “wrongful gain” means gain by unlawful means of property to which the
person gaining is not legally entitled;
(37) “wrongful loss” means the loss by unlawful means of property to which the
person losing it is legally entitled;
(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain
wrongfully when such person retains wrongfully, as well as when such person acquires 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;

Examples of Wrongful Gain and Loss:

Wrongful Gain:

A steals B’s car and sells it, keeping the proceeds.
A fraudulently transfers B’s property title to his name.
A hacks B’s bank account and withdraws funds.

Wrongful Loss:

A deliberately damages B’s crops, depriving him of his rightful profits.
A destroys B’s legal documents to prevent him from claiming property.
A wrongfully occupies B’s land, refusing to vacate.

Case Law: K.N. Meena v. State of Rajasthan (1957)

The appellant, a cadet on training in the Indian Air Force Academy, Jodhpur, took off an aircraft without authorisation (and without observing any of the formalities pre- requisite to an aircraft flight) and landed in Pakistan. The appellant was arrested and brought to India and prosecuted for theft of aircraft under section 379. Held, that taking out the aircraft by the appellant for an unauthorised flight and in fact given the appellant temporary use of the aircraft for his own purpose, and had temporarily deprived the owner of the aircraft, viz., the Government, of its legitimate use of the particular aircraft for the Indian Air Force on that day. Such an act was clearly a gain or loss by an unlawful means within section 23; K.N. Mema v. State of Rajasthan, AIR 1957 SC 360