INDIAN PENAL CODE
23: “Wrongful
Gain”/”Wrongful Loss”::--“Wrongful gain” is
the gain by unlawful means of property to which the person losing gaining is
not legally entitled.
“Wrongful loss” is
the loss by unlawful means of property to which the person losing it is legally
entitled.
Gaining
wrongfully/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.
COMMENTS
Wrongful gain
includes wrongful retention and wrongful loss includes being kept out of the
property as well as being wrongfully deprived of property–Krishan Kumar v.
Union of India AIR 1959 SC 1390
Wrongful loss is the
loss by unlawful means of property to which a person is entitled, while
wrongful gain to a person means a gain to him by unlawful means of property to
which the person gaining is not legally entitled–Tulsiram v. State of Uttar
Pradesh AIR 1963 SC 666
It affects a party in
some legal right.
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