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Section 23 – Indian Penal Code (IPC)

 

Indian Penal Code (IPC)

 

Section 23. Wrongful gain

 

Wrongful gain” is gain by unlawful means of property which the person gaining is not legally entitled.

 

“Wrongful loss”

 

“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.

 

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Gaining wrongfully and losing wrongfully

 

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 369.

 

 

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Indian Penal Code (IPC)

 

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