Difference between “Dishonestly” and “Fraudulently” – Explained!

1. Section 24 defines “dishonestly”.

2. Intent and injury are absent in dishonest.

3. ‘Deceit’ is not an essential element of dishonest.

4. It involves a pecuniary or economic gain or loss.

5. In certain occasions, dishonest may be done by innocence. Dishonesty and innocence may overlap in certain circumstances.

Fraudulently

1. Section 25 defines “fraudulently”.

2. Essential elements of “fraudulently” are: intent and injury.

3. ‘Deceit’ is an essential element of fraud.

4. By construction, “fraudulently” excludes the elements of pecuniary or economic gain or loss. It is a non-economic or non-pecuniary loss.

5. In any circumstance, in case of fraud, innocence could not be found in fraud. The term ‘fraud’ itself involves deception. Hence there is no question of innocence.

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