IPC
- Indian Penal Code
CHAPTER II : GENERAL EXPLANATIONS
6. Definitions in the Code to be understood subject to exceptions
Throughout
this Code every definition of an offence, every penal provision, and every
illustration of every such definition or penal provision, shall be understood
subject to the exceptions contained in the Chapter entitled "General
Exceptions", though these exceptions are not repeated in such definition,
penal provision, or illustration.
Illustrations
(a) The
sections, in this Code, which contain definitions of offences, do not
express that a child under seven years of age cannot commit such offences,
but the definitions are to be understood subject to the general exception
which provides that nothing shall be an offence which is done by a child
under seven years of age.
(b) A,
a police-officer, without warrant, apprehends Z, who has committed murder.
Here A is not guilty of the offence of wrongful confinement for he was
bound by law to apprehend Z and therefore the case falls within the general
exception which provides that "nothing is an offence which is done
by a person who is bound by law to do it".
7. Sense of expression once explained
Every expression
which is explained in any part of this Code, is used in every part of
this Code in conformity with the explanation.
8. Gender
The pronoun
"he" and its derivatives are used of any person, whether male
or female.
9. Number
Unless
the contrary appears from the context, words importing the singular number
include the plural number, and words importing the plural number include
the singular number.
10. "Man", "Woman"
The word
"man" denotes a male human being of any age; the word "woman"
denotes a female human being of any age.
11. "Person"
The word
"person" includes any Company or Association or body of persons,
whether incorporated or not.
12. "Public"
The word
"public" includes any class of the public or any community.
[Section 13. titled "Queen" repealed by the Govt. of India (Adaptation
of Indian Laws) Order, 1950]
16[14. "Servant of Government"
The words
"servant of Government" denote any officer or servant continued,
appointed or employed in India or under the authority of Government.]
[Section 15. titled "British India" repealed by the Govt. of
India (Adaptation of Indian Laws) Order, 1937]
[Section 16. titled "Government of India" repealed by the Govt.
of India (Adaptation of Indian Laws) Order, 1937]
16[17. "Government"
The word
"Government" denotes the Central Government or the Government
of a 17[***] State.]
18[18. "India"
"India"
means the territory of India excluding the State of Jammu and Kashmir.]
19. "Judge"
The word
"Judge" denotes not only every person who is officially designated
as a Judge, but also every person who is empowered by law to give, in
any legal proceeding, civil or criminal, a definitive judgment, or a judgment
which, if not appealed against, would be definitive, or a judgment which
is confirmed by some other authority, would be definitive, or
who is
one of a body of persons, which body of persons is empowered by law to
give such a judgment.
Illustrations
(a) A
Collector exercising jurisdiction in a suit under Act 10 of 1859, is a
Judge.
(b) A
Magistrate exercising jurisdiction in respect of a charge on which he
has power to sentence to fine or imprisonment, with or without appeal,
is a Judge.
(c) A
member of a panchayat which has power, under Regulation VII, 1816, of
the Madras Code, to try and determine suits, is a Judge.
(d) A
Magistrate exercising jurisdiction in respect of a charge on which he
has power only to commit for trial to another court, is not a Judge.
20. "Court of Justice"
The words
"Court of Justice" denote a Judge who is empowered by law to
act judicially alone, or a body of Judges which is empowered by law to
act judicially as a body, when such Judge or body of Judges is acting
judicially.
Illustration
A panchayat
acting under 19[Regulation VII, 1816, of the Madras Code,] having power
to try and determine suits, is a Court of Justice.
21. "Public Servant"
The words
"public servant" denote a person falling under any of the descriptions
hereinafter following; namely:-
20[***]
Second-
Every Commissioned Officer in the Military, 21[Naval or Air] Forces 22[of
India];
23[Third-
Every Judge including any person empowered by law to discharge, whether
by himself or as a member of any body of persons, any adjudicatory functions;]
Fourth-
Every officer of a Court of Justice 24[(including a liquidator, receiver
or commissioner)] whose duty it is as such officer, to investigate or
report on any matter of law or fact, or to make, authenticate, or keep
any document, or to take charge or dispose of any property, or to execute
any judicial process, or to administer any oath, or to interpret, or to
preserve order in the Court, and every person specially authorized by
a Court of Justice to perform any of such duties;
Fifth-
Every juryman, assessor, or member of a panchayat assisting a Court of
Justice or public servant;
Sixth-
Every arbitrator or other person to whom any cause or matter has been
referred for decision or report by any Court of Justice, or by any other
competent public authority;
Seventh-
Every person who holds any office by virtue of which he is empowered to
place or keep any person in confinement;
Eighth-
Every officer of 25[the Government] whose duty it is, as such officer,
to prevent offences, to give information of offences, to bring offenders
to justice, or to protect the public health, safety or convenience;
Ninth-
Every officer whose duty it is, as such officer, to take, receive, keep
or. expend any property on behalf of 25[the Government], or to make any
survey, assessment or contract on behalf of 25[the Government], or to
execute any revenue process, or to investigate, or to report, on any matter
affecting the pecuniary interests of 26[the Government], or to make, authenticate
or keep any document relating to the pecuniary interests of 25[the Government],
or to prevent the infraction of any law for the protection of the pecuniary
interests of 25[the Government] 26[***];
Tenth-
Every officer whose duty it is, as such officer, to take, receive, keep
or expend any property, to make any survey or assessment or to levy any
rate or tax for any secular common purpose of any village, town or district,
or to make, authenticate or keep any document for the ascertaining of
the rights of the people of any village, town or district;
27[Eleventh-
Every person who holds any office in virtue of which he is empowered to
prepare, publish, maintain or revise an electoral roll or to conduct an
election or part of an election;]
23[Twelfth-
Every person-
(a) in
the service or pay of the Government or remunerated by fees or commission
for the performance of any public duty by the Government;
(b) in
the service or pay of a local authority, a corporation established by
or under a Central, Provincial or State Act or a Government company as
defined in section 617 of the Companies Act, 1956 (1 of 1956).]
Illustration
A Municipal
Commissioner is a public servant.
Explanation
1- Persons falling under any of the above descriptions are public servants,
whether appointed by the Government or not.
Explanation
2- Wherever the words "public servant" occur, they shall be
understood of every person who is in actual possession of the situation
of a public servant, whatever legal defect there may be in his right to
hold that situation.
27[Explanation
3- The word "election" denotes an election for the purpose of
selecting members of any legislative, municipal or other public authority,
of whatever character, the method of selection to which is by, or under,
any law prescribed as by election.]
28[***]
STATE
AMENDMENT
In
State of Rajasthan w.e.f. 11th. February, 1993
In section
21 of the Indian Penal Code, 1860 (Central Act 45 of
1860), in its application to the State of Rajasthan, after clause twelfth,
the following new clause shall be inserted: -
"Thirteenth-
Every person employed or engaged by any public body in the conduct and
supervision of any examination recognised or approved under any law.
Explanation-
The expression 'Public Body' includes-
(a) a
University, Board of Education or other body, either established by or
under a Central or State Act or under the provisions of the Constitution
of India or constituted by the Government; and
(b) a
local authority."
22. "Movable property"
The words
"movable property" are intended to include corporeal property
of every description, except land and things attached to the earth or
permanently fastened to anything. which is attached to the earth.
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.
24. "Dishonestly"
Whoever
does anything with the intention of causing wrongful gain to one person
or wrongful loss to another person, is said to do that thing "dishonestly".
25. "Fraudulently"
A person
is said to do a thing fraudulently if he does that thing with intent to
defraud but not otherwise.
26. "Reason to believe"
A person
is said to have "reason to believe" a thing, if he has sufficient
cause to believe that thing but not otherwise.
27. Property in possession of wife, clerk or servant
When property
is in the possession of a person's wife, clerk or servant, on account
of that person, it is in that person's possession within the meaning of
this Code.
Explanation:
A person employed temporarily or on a particular occasion in the capacity
of a clerk or servant, is a clerk or servant within the meaning of this
section.
28. "Counterfeit"
A person
is said to "counterfeit" who causes one thing to resemble another
thing, intending by means of that resemblance to practise deception, or
knowing. it to be likely that deception will thereby be practised.
29[Explanation
1- It is not essential to counterfeiting that the imitation should be
exact.
Explanation
2- When a person causes one thing to resemble another thing, and the resemblance
is such that a person might be deceived thereby, it shall be presumed,
until the contrary is proved, that the person so causing the one thing
to resemble the other thing intended by means of that resemblance to practise
deception or knew it to be likely that deception would thereby be practised.]
29. "Document"
The word
"document" denotes any matter expressed or described upon any
substance by means of letters, figures, or marks, or by more than one
of those means, intended to be used, or which may be used, as evidence
of that matter.
Explanation
1- It is immaterial by what means or upon what substance the letters,
figures or marks are formed, or whether the evidence is intended for,
or may be used in, a Court of Justice, or not.
Illustrations
A writing
expressing the terms of a contract, which may be used as evidence of the
contract, is a document.
A cheque
upon a banker is a document.
A power-of-attorney
is a document.
A map
or plan which is intended to be used or which may be used as evidence,
is a document.
Explanation
2- Whatever is expressed by means of letters, figures or marks as explained
by mercantile or other usage, shall be deemed to be expressed by such
letters, figures or marks within the meaning of this section, although
the same may not be actually expressed.
Illustration
A writes
his name on the back of a bill of exchange payable to his order. The meaning
of the endorsement, as explained by mercantile usage, is that the bill
is to be paid to the holder. The endorsement is a document, and must be
construed in the same manner as if the words "pay to the holder"
or words to that effect had been written over the signature.
29A[29A. "Electronic Record"
The words
"electronic record" shall have the meaning assigned to them
in clause (t) of sub-section (1) of section (1) of section 2 of the Information
Technology Act, 2000.]
30. "Valuable security"
The words
"valuable security" denote a document which is, or purports
to be, a document whereby any legal right is created, extended, transferred,
restricted, extinguished or released, or where by any person acknowledges
that he lies under legal liability, or has not a certain legal right.
Illustration
A writes
his name on the back of a bill of exchange. As the effect of this endorsement
is transfer the right to the bill to any person who may become the lawful
holder of it, the endorsement is a "valuable security".
31. "A will"
The words
"a will" denote any testamentary document.
32. Words referring to acts include illegal omissions
In every
part of this Code, except where a contrary intention appears from the
context, words which refer to acts done extend also to illegal omissions.
33. "Act", "Omission"
The word
"act" denotes as well a series of acts as a single act : the
word "omission" denotes as well as series of omissions as a
single omission.
30[34. Acts done by several persons in furtherance of common
intention
When a
criminal act is done by several persons in furtherance of the common intention
of all, each of such persons is liable for that act in the same manner
as if it were done by him alone.]
35. When such an act is criminal by reason of its being done with
a criminal knowledge or intention
Whenever
an act, which is criminal only by reason of its being done with a criminal
knowledge or intention, is done by several persons, each of such persons
who joins in the act with such knowledge or intention is liable for the
act in
the same manner as if the act were done by him alone with that knowledge
or intention.
36. Effect caused partly by act and partly by omission
Wherever
the causing of a certain effect, or an attempt to cause that effect, by
an act or by an omission, is an offence, it is to be understood that the
causing of that effect partly by an act and partly by an omission is the
same offence.
Illustration
A intentionally
causes Z’s death, partly by illegally omitting to give Z food, and
partly by beating Z. A has committed murder.
37. Co-operation by doing one of several acts constituting an
offence
When an
offence is committed by means of several acts, whoever intentionally co-operates
in tile commission of that offence by doing any one of those acts, either
singly or jointly with any other person, commits that offence.
Illustrations
(a) A
and B agree to murder Z by severally and at different times giving him
small doses of poison. A and B administer the poison according to the
agreement with intent to murder Z. Z dies from the effects of the several
doses of poison so administered to him. Here A and 8 intentionally co-operate
in the commission of murder and as each of them does an act by which the
death is caused, they are both guilty of the offence though their acts
are separate.
(b) A
and B are joint jailors, and as such have the charge of Z, a prisoner,
alternatively for six hours at a time. A and B, intending to cause Z's
death, knowingly cooperate in causing that effect by illegally omitting,
each during the time of his attendance, to furnish Z with food supplied
to them for that purpose, Z dies of hunger. Both A and B are guilty of
the murder of Z.
(c) A,
a jailor-, has the charge of Z, a prisoner. A, intending to cause Z’s
death, illegally omits to supply Z with food in consequence of which Z
is much reduced in strength, but the starvation is not sufficient to cause
his death. A is dismissed from his office, and B succeeds him. B, without
collusion or co-operation with A, illegally omits to supply Z with food,
knowing that he is likely thereby to cause Z’s death. Z dies of
hunger. B is guilty of murder, but, as A did not co-operate with B. A
is guilty only of an attempt to commit murder.
38. Persons concerned in criminal act may be guilty of different
offences
Where several
persons are engaged or concerned in the commission of a criminal act,
they may be guilty of different offences by means of that act.
Illustration
A attacks
Z under such circumstances of grave provocation that his killing of Z
would be only culpable homicide not amounting to murder B, having ill-will
towards Z and intending to kill him, and not having been subject to the
provocation, assists A in killing Z. Here, though A and B are both engaged
in causing Z's death, B is guilty of murder, and A is guilty only of culpable
homicide.
39. "Voluntarily"
A person
is said to cause an effect "voluntarily" when he causes it by
means whereby he intended to cause it, or by means which, at the time
of employing, those means, he knew or had reason to believe to be likely
to cause it.
Illustration
A sets
fire, by night, to-an inhabited house in a large town, for the purpose
of facilitating a robbery and thus causes the death of a person. Here,
A may not have intended to cause death; and may even be sorry that death
has been caused by his act; yet, if he knew that he was likely to cause
death, he has caused death voluntarily.
30[40. "Offence"
Except
in the 31[Chapters] and sections mentioned in clauses 2 and 3 of this
section, the word "offence" denotes a thing made punishable
by this Code.
In Chapter
IV, 32[Chapter VA] and in the following sections, namely, sections 33[64,
65, 66, 34[67], 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195,
203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331,
347, 348, 388, 389 and 445, the words "offence" denotes a thing
punishable under this Code, or under any special or local law as hereinafter
defined.
And in
sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence"
has the same meaning when the thing punishable under the special or local
law is punishable under such law with imprisonment for a term of six months
or upwards, whether with or without fine.]
41. "Special law"
A "special
law" is a law applicable to a particular subject.
42. "Local law"
A "local
law" is a law applicable only to a particular part of 35[36[[***]
37[India]].
43. "Illegal", "Legally bound to do"
The word
"illegal" is applicable to every thing which is an offence or
which is prohibited by law, or which furnishes ground for a civil action;
and a person is said to be "legally bound to do" whatever it
is illegal in him to omit.
44. "Injury"
The word
"injury" denotes any harm whatever illegally caused to any person,
in body, mind, reputation or property.
45. "Life"
The word
"life" denotes the life of a human being, unless the contrary
appears from the context.
46. "Death"
The word
"death" denotes the death of a human being, unless the contrary
appears from the context.
47. "Animal"
The word
"animal" denotes any living creature, other than a human being.
48. "Vessel"
The word
"vessel" denotes anything made for the conveyance by water of
human beings or of property.
49. "Year", "Month"
Wherever
the word "year" or the word "month" is used, it is
to be understood that the year or the month is to be reckoned according
to the British calendar.
50. "Section"
The word
"section" denotes one of those portions of a Chapter of this
Code which are distinguished by prefixed numeral figures.
51. "Oath"
The word
"oath" includes a solemn affirmation substituted by law for
an oath, and any declaration required or authorized by law to be made
before a public servant or to be used for the purpose of proof, whether
in a Court of Justice or not.
52. "Good faith"
Nothing
is said to be done or believed in "good faith" which is done
or believed without due care and attention.
38[52A. "Harbour"
Except
in section 157, and in section 130 in the case in which the harbour is
given by the wife or husband of the person harboured, the word "harbour"
includes the supplying a person with shelter, food, drink, money, clothes,
arms, ammunition or means or conveyance, or the assisting a person by
any means, whether of the same kind as those enumerated in this section
or not, to evade apprehension.]
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