What is Section 23 IPC? Wrongful gain
Published on: Lawiz Team
Detailed explanation of Section 23 IPC: Wrongful gain.
Official Legal Text
'Wrongful gain' is gain by unlawful means of property to which the person gaining is not legally entitled.
What This IPC Section Means – Explained in Simple Words
'Wrongful gain' means gaining something you are not legally entitled to, using unfair or illegal means.
Purpose
To define illegal acquisition of someone else’s property.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable
Scope and Application
Covers all situations where a person benefits unlawfully.
Important Legal Points
Requires both gain and lack of legal entitlement.
Illustrative Example
Claiming someone else's pension illegally.
Exceptions and Special Cases
Gain under legal rights is not wrongful.
Conclusion
Clarifies what amounts to unfair benefit in criminal law.
FAQs
What does Section 23 IPC define?
Wrongful gain.
Who or what is covered under the term 'Wrongful gain' in IPC?
This section clarifies the scope of the term 'wrongful gain' for legal interpretation in Indian law.
How is the term 'Wrongful gain' used in Indian court proceedings?
It helps establish identity, role, or responsibility depending on the legal context.
Why is Section 23 IPC important?
It ensures consistent legal language and understanding across all legal processes.
Are there any other sections linked to Section 23 IPC?
Yes, multiple IPC sections refer to the term 'wrongful gain' as defined here.
How should this term be interpreted?
It should be interpreted broadly or narrowly depending on the legislative intent and case facts.
Can you give an example where Section 23 IPC is applied?
This section is applied when determining if a person/entity qualifies as a 'wrongful gain' under IPC.