Legal Provisions of Section 25 of Indian Penal Code, 1860.
Fraudulently:
The definition of ‘fraudulently’ in this section is rather peculiar as it simply says that an element of ‘intent to defraud’ must be present. What is an intent to defraud has nowhere been explained. The Supreme Court is of the opinion that the word ‘defraud’ presupposes deceit and injury to the person deceived. Deceit normally means a false representation or statement of fact made with knowledge of falsity or recklessly with the intent that the person would act upon it and who does act upon it and suffers damage.
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Intention to defraud must mean intention to deceive and thereby obtain an advantage. It is not necessary that this advantage should always be economic. There are many provisions in the Indian Penal Code where “fraudulently” and “dishonestly” have been used side by side. This shows a close connection between the two. However, conceptually they have different meanings under the Code and should be so interpreted.