Section – 22. “Movable property”.
- All corporeal properties are movable property except
- Things attached to land or things permanently fastened to anything which is attached to land.
Corporeal property is the property which is tangible by sens-organs Like – Car, Tree, Scooter, metal etc and Corporeal property may be movable (like- Wrist watch, Scooter) or immovable [ like- Tree,Components of soil( stones & minerals)].
Note : Immovable property can be converted into movable and movable can be converted into immovable.
While incorporeal property is not tangible by sens – organs.
Like – Rights, Obligations of all kinds
Case : State of Rajasthan v. Pooran Singh, 1977 CrLJ 1055
Fish in any water are corporeal property and they become subject of theft as soon as they are seperated from the waters, dead or alive, and are moved.
Section- 23. “Wrongful gain”.—
- In such gain, the person who retains the property is not legally entitled and acquires it by unlawful means.
- In Such loss, the person who is deprived from property is legally entitled and losses it by unlawful means.
- When a person retains prop. Wrongfully or a person acquires prop. wrongfully.
- When a person is kept out from prop. Wrongfully or a person is deprived from prop. Wrongfully.
Section – 24. “Dishonestly”
- W/e does an act with the intention of causing wrongful gain to one person or wrongful loss to another person, is called dishonestly.
Section – 25. “Fraudulently”
- W/e does an act with the intention to defraud, Then it is called fraudulently.
Section – 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.
Section – 27.
- If Any property is in the possession of a person’s wife, clerk or servant, on account of that person, under this section it is deemed to be in that person’s possession.
Section – 28. Counterfeit
- W/e causes one thing to resemble another thing with his intention and knowledge that there shall be deception then it is called counterfiet.
- It is not necessary that thing should be exact.
- Whenever any person makes any thing resembling to another so that there shall be deception then court shall presume that the person has knowledge & intention.
Burden of proof shall be on accused.
Section – 29. Document
- Any matter expressed or described on any substance by means of letters, figures or marks which was intended to be used as evidence then it is called document.
- By what and upon what substance figures, letters or marks are formed, and whether the evidence may be used or not in court, is immaterial.
- According to mercantile or other usage,whatever is expressed in form of letters, figures or marks it shall be considered expressed in the meaning of this section, although it is not actually expressed.
- A letter which expresses the terms of a contract, and may be used as evidence of the contract, is a document.
- Cheque upon a banker is a document.
- Power of attorney is a document.
- P writes his name on the back of a bill of exchange payable to his holder.the meaning of the endorsement is that the bill is to be paid to the holder as explained by mercantile usage.
Section – 29(A)“Electronic record”.—
The words “electronic record” shall have the meaning assigned to them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).
(Ins. by Act 21 of 2000, s. 91 and the First Sch. (w.e.f. 17-10-2000). )
Section – 30. “Valuable Security”
- Any document by which any legal right is created, extended, Transferred, Restricted, Extinguished or Released and bywhich any person acknowledges that he lies under legal liability, or has not a certain legal right is called valuable security.
- Valuable security occurs in sections 329 – 331, 347, 348, 420, 467 and 471.
Section – 31. A Will
- A will is a legal declaration of the intention of a testator with respect of his property.
Section – 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.
- According to the section The word Acts also refer to illegal omission except a contrary intention appears from the context.
Section – 33. “Act” “ omission”
- If more than one act then is considered as one act.
- If several omission then is considered as one omission
- In other words in the code the word act and omission is considered in the meaning of both singular and plural.
Indian Penal Code