Chapter -2 General Explanations ( Definitions) Law of Crime (IPC)

General Explanations ( Definitions) Law of Crime (IPC)

General Explanations

‘Sec. 6. “Definitions in the Code to be understood subject to exceptions.”

Sec. 7. “Sense of expression once explained.”

Sec. 8. “Gender.”

Sec. 9. “Number.”

Sec. 10. “Man”. “Woman”.

Sec. 11. “Person”.

Sec .12. “Public”.

Sec. 13. Omitted.

Sec. 14. “Servant of Government”.

Sec. 15. Repealed.

Sec. 16. Repealed.

Sec. 17. “Government”.

Sec. 18. “India”.

Sec. 19. “Judge”.

Sec. 20. “Court of Justice”.

Sec. 21. “Public servant”.

Sec. 22. “Moveable property”.

Sec. 23. “Wrongful gain”.

“Wrongful loss”. Gaining wrongfully/ Losing wrongfully.

Sec. 24. “Dishonestly”.

Sec.  25. “Fraudulently”.

Sec. 26. “Reason to believe”.

Sec. 27. “Property in possession of wife, clerk or servant.”

Sec. 28. “Counterfeit”.

Sec. 29. “Document”.

Sec. 29A. “Electronic record”.

Sec. 30. “Valuable security”.

Sec. 31. “A will”.

Sec. 32. “Words referring to acts include illegal omissions.”

Sec. 33. “Act”. “Omission”.

Sec. 34. “Acts done by several persons in furtherance of common intention.”

Sec. 35. “When such an act is criminal by reason of its being done with a criminal knowledge or intention.”

Sec. 36. “Effect caused partly by act and partly by omission.”

Sec. 37. “Co-operation by doing one of several acts constituting an offence.”

Sec. 38. “Persons concerned in criminal act may be guilty of different offences.”

Sec. 39. “Voluntarily”.

Sec. 40. “Offence”.

Sec. 41. “Special law”.

Sec. 42. “Local law”.

Sec. 43. “Illegal”. “Legally bound to do”.

Sec. 44. “Injury”.

Sec. 45. “Life”.

Sec. 46. “Death”.

Sec. 47. “Animal”.

Sec. 48. “Vessel”.

Sec. 49. “Year”. “Month”.

Sec. 50. “Section”.

Sec. 51. “Oath”.

Sec. 52. “Good faith”.

Sec. 52A. “Harbour-“.

Sec. 6. “Definitions in the Code to be understood subject to exceptions.”—

  • In this Code (IPC), every definition of an offence, every penal provision, and each illustration of every such definition or penal provision, must be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”,
  • However, the exceptions are not reproduced in such definition, penal provision, or illustration.

Sec. 11. “Person”.—According the section 11 of  IPC, A natural person, any Company or Association or body of persons, whether incorporated or not are included in the word person.  

B Raman v M/S. Shasun Chemicals and Drugs Ltd, 2006 CrLJ 4552

In this case it is held that A natural person, an incorporated person or even an unincorporated association or body of persons like a partnership can be a person under sec. 11 of IPC, 1860.

Sec. 14. “Servant of Government”.— Any officer or servant continued, appointed or employed in India by or under the authority of Government are included in servant of Government.

.

19. “Judge”.

  • Every person who is officially designated as a Judge,
  • Every person who is empowered by law to give, in any proceeding, civil law or criminal law, a final judgment, or a judgment which, if not appealed against, would be final, or a judgment which, if confirmed by some other authority, would be final, or
  • Every person who is one of a body or persons, which body of persons is empowered by law to give such a judgment.

Illustrations

  1. A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.
  2. A Magistrate exercising jurisdiction related to a charge on which he has power to sentence to fine or imprisonment, with or without appeal, could also be  a Judge.
  3. A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to undertake and determine suits, could be  a Judge.
  4. A Magistrate exercising jurisdiction related to a charge on which he has power only to commit for trial to another Court, isn’t a Judge.

Case Law – Surendra Kumar Bhatia v Kanhaiya Lal, AIR 2009 SC 1961 

It is held that The collector is neither a judge as defined under Sec.19 nor does he act judicially, when discharging any of the functions under the Land Acquistion Act.

Brajnandan Sinha v Jyoti Narain, AIR 1956 SC 66

In this case it is held that The right to pronounce a definitive judgement is considered the Sine qua non of a court.

Asharfi Lal, AIR 1952 All 306; Krishna Swarup, 1961 All LJ 859  The member ofany gram panchayat is considered judge

20. “Court of Justice”.—The words “Court of Jutsice” denote

  • A Judge who is empowered by law to act judicially alone, or
  • A body of Judges that 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 Regulation VII, 1816, of the Madras Code, having power to undertake and determine suits, may be  a Court of Justice. ( Rep. by the adras Civil Courts Act, 1873 ( 3 of 1873)’[1]


[1] Ratanlal Dheerajlal , Indian Penal Code. 36th edition Lexis Nexis

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