(i) Distinguish between Dishonestly and Fraudulently.
Ans. ‘Dishonestly’ and ‘fraudulently’ are defined in Sections 24 and 25 of the Penal Code respectively. Both words dishonestly and fraudulently appear simultaneously in several offences such as cheating under section 415 of the IPC, forgery under section 463 of the IPC and counterfeit of coins under section 246 & 247 of the IPC but they are used to denote two different things. The main distinction could be mentioned as below:-
- The expression dishonestly involves the wrongful gain or alternatively wrongful loss to other. But, the word fraudulently requires an intent to defraud.
- The concept of wrongful gain or loss contemplates pecuniary or economic gain or loss to one or other person. Whereas, the expression intent to defraud involves two element, namely, deceit and injury to the person deceived though not necessarily a pecuniary loss or deprivation of property because as per section 44 of the IPC an injury even includes harm to reputation, body etc.
- The deceit is not an ingredient of the definition of the word “dishonestly” while the word “defraud” includes an element of deceit.
(ii) Lurking house trespass by night and house breaking.
Ans. House trespass may be committed under various circumstances which may aggravate its gravity such as violent or surreptitious entry or the time of trespass and the nature of the property trespassed. Accordingly, both lurking house trespass by night and house breaking owe their origin to criminal trespass but they differ as under:-
- In Lurking House-trespass by night there is “House-trespass + Concealment of identity + Night”. Whereas, in Housebreaking there is “House-trespass + entry through six specified ways” i. e. passage made by house-breaker or abettor, climbing over a wall, through unintended passage, by opening any lock, by using criminal force or by entering or quitting any passage which was fastened against such entrance.
- The offence of Lurking House-trespass by night can only happen after sunset and before sunrise. Whereas, the offence of House breaking simpliciter takes place in the day itself.
- In Lurking House-trespass by night the accused makes entry surreptitiously. Whereas, in the offence of House breaking the entry is made violently and without any precaution to conceal the identity.
(iii) Section 489 A and Section 489 D.
Ans. Section 489A and 489D aim to protect the currency notes and bank notes from forgery. Both the aforesaid offence is punishable with the same amount of punishment but they differ as follow:-
- Section 489A of IPC makes the act of Counterfeiting of currency-notes or bank- notes as such punishable punishable. Whereas, section 489 D of IPC states that whosoever makes any machinery, instrument or material which may be used for the purpose of Counterfeiting of currency-notes or bank-notes is a offence.
- Under section 489A of IPC even knowingly performing any part of the process of counterfeiting of currency or bank note is punishable. Whereas, under section 489 D of IPC declares that it is offence when anyone with knowledge or having reason to believe performs any part of the process of making, buying, selling etc any machinery, instrument or material which may be used for forging or counterfeiting any currency-note or bank-note.
- Before the introduction of section 489 A of IPC, the offence of forging currency notes was punishable under general provision of section 467. Whereas, the act of making, buying etc of any instrument or machinery which may be used for the purpose of counterfeiting currency notes was punishable under general provision of Section 472 of IPC.
