Principle A person is said to do a thing fraudulently if he does that thing with intent to defraud b...........

Indian Penal Code (IPC) 1860 Others

Principle: A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.

Facts: 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A'. On one occasion 'B' without the knowledge of 'A', uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.

B' has not committed the act fraudulently

'B' has committed the act fraudulently

'B' has committed breach of faith

'B' has committed misappropriation

Explanation:

When B uses A’s ATM card without his knowledge-even though he merely checks the account balance-his conduct amounts to fraud. B' has not committed the act fraudulently.