IPC General Explanations

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IPC – Chapter -2 General Explanations

Sec. 6 -52A

Chapter -2

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 Repealed.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 Repealed.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”.—

The word “person” includes any Company or Association or body of persons, whether incorporated or not.

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. 12. “Public”.—The word “public” includes any class of the public or any community.

Sec. 13. [Definition of “Queen”.] Omitted by the Adaptation of Laws Order, 1950.

Sec. 14. “Servant of Government”.—

The words “servant of Government” denote any officer or servant continued, appointed or employed in India by or under the authority of Government.

Sec. 15. [Definition of “British India”.] Rep. by the. O. 1937.

Sec. 16. [Definition of “Government of India”.] Rep., ibid.

Sec. 17 “Government”.—The word “Government” denotes the Central Government or the Government of a State.

Sec. 18. “India”.—“India” means the territory of India

including J & K by J&K re-organisation act 2019

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 definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, 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

A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.
A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, may be a Judge.
A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to undertake and determine suits, may be a Judge.
A Magistrate exercising jurisdiction in respect of 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 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 Regulation VII, 1816, of the Madras Code, having power to undertake and determine suits, may be a Court of Justice. ( Rep. by the Madras Civil Courts Act, 1873 ( 3 of 1873)’[1]

21. “Public servant”.—

The words “public servant” signify a person who comes under any of the descriptions namely:—

First – Repealed by the Adaptation of Laws Order, 1950;

Second.—Every Commissioned Officer in the Military, Naval or Air Forces of India;

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 (including a liquidator, receiver or commissioner) whose duty 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 authorised 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 the Government whose duty 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 is as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;

Tenth.—Every officer whose duty 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;

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;

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.

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.

In Short Following are the public Servant

XXX
Commissioned Officer in Army( Military, Navy or Airforce) in india.
Judge or any person empowered by law to discharge any adjudicatory functions.
Every officer of Court (liquidator, receiver or commissioner) whose duty to investigate or report on any matter of law or fact.
Juryman, Accessor or member of a panchayat
Arbitrator or any other person to whom any case is reffered for decision.
Every person who can keep person in confinement
Such person whose duty is to stop offence.
Person who does assesment of revenue on behalf of Govt or whose duty is to take, receive, keep or expend any property on behalf of the Government,
Person relating to levy any tax for any secular common purpose of any village, town or district.
Such person who has electoral roll.
Such person who is in service or pay of govt. for performance of public duty on fee.
Includes such person who is into local authority.
Every person who supervise or conduct public exam.

Explanation – 1 Every Government Servant is public servant but every public servant is not govt. servant. It is not necessary that all public servant are appointed by govt.

Explanation The Word Public Servant includes every person

Explanation W/e Matter is of election then election of any manner or , of any post

Case Law –R. S. Nayak v A. R. Antule

SC held that MLA is not a Public servant because he is liable only for his party.

PV Narasimha Rao v State, AIR 1998 SC 2120

Member of Parliament ( MP) is a Public Servant

M Karunanidhi v UOI, AIR 1979 SC 898

Chief Ministers & Ministers are Public Servant

P Nallammal v State, UOI, 1999 CrLJ 3604

Speaker of Legislative assembly is a public servant

UOI v Ashok Kumar Mitra, AIR 1995 SC 1976

Employee of a Nationalised Bank is a public servant

Ram Krishan v State of Delhi, AIR 1956 SC 1976

All Railway Servants are public servant

State of Ajmer v Shiv Lal,AIR 1959 SC 847

Teacher in a Govt. school is a public servant

Maharudrappa Danappa Kesarappanavar v The State of Mysure, AIR 1961 SC 785

Chairman of managing committee of a municipality is a public servant

State through Central Bureau of Investigation v D P Dogra, AIR 1986 SC 312 Employees of life insurance corporation

State (SPE, Hyderabad) v Air commodore Kailash Chand, AIR 1980 SC 522

Member of Auxiliary Air Force

State of MP v M Narsimhan, AIR 1975 SC 1835

Employees of Bharat Heavy Electricals ( Inmdia) Limited are public servant

National Small Industries Corporation Ltd v State AIR 2009 SC 1284

Employees of Government Company are public servant

Bihar State Electricity Board v Nand Kishore Tamakhuwala, AIR 1986 SC

Officers of State Electricity Board

“To Succeed, We must first believe that we can.”

Section – 22. “Movable property”.

All corporeal properties are movable property except
Land
Things attached to land or things permanentaly 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.

While incorporeal property is not tangible.

Like – Rights, Obligations of all kinds

Corporeal property may be movable (like- Wrist watch, Scooter or immovable ( like- Tree, Components of soil( stones & minerals)

Immovable property can be converted into movable & movable can be converted into immovable.

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”.—

“Wrongful gain” In such gain, the person who retains the property is not legally entitled and acquires it by unlawful means.

“Wrongful loss”.—

“Wrongful loss” In Such loss, the person who is deprived from property is legally entitled and losses it by unlawful means.

Gaining wrongfully

When a person retains prop. wrongfully
When a person acquires prop. wrongfully.

Lossing Wrongfully

When a person is kept out from prop. wrongfully.
When 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. Counterfiet

W/e causes one thing to resemble another thing with his intention and knowledge that there shall be deception then it is called counterfiet.

Explanation

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.

Explanation

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.

Illustrations:

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)

29A. “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 consiered as one act.
If several omission then ia considered as one omision
In other words in the code the word act and omission is considered in the meaning of both singular and plural.

Section – 34.

Acts done by several persons in furtherance of common intention

W/e Criminal act is done by several persons,Such act is done in furtherence of the common intention of all,Then each of them is liable in the same manner as if it was done by him alone
This section is only a rule of evidence and does not create a substantive offence.
It recognises the principle of Constructive vicarious liability in criminal jurisprudence.
It lays down a principle of joint liability in the doing of a criminal act.
It is not necessary that all such persons should be named and identified before the liability can be involed under this section. Killer Thiayagu v. State, AIR 2017 SC 612

Case Law

(Participation)

Mehbub shah v King – Emperor, AIR 1945 PC 148

Barendra Kumar Ghosh v King Emperor

Pandurang v State of Hyderabad, AIR 1955 CrLJ 572.

It is held that Common intention within the meaning of the section implies a pre – arranged plan, and to convict the accused of offence applying the section it should be proved that the criminal act was done in concert pursuant to the pre- arranged plan. There is a difference b/w common intention & common object.

Vijendra Singh V state of UP, AIR 2017 SC 860

Participation of several persons in some action with the common intention of committing a crime is an essential ingredient, once such participation is established, section 34 is at once attracted.

Virendra singh v state of MP, (2010) 8 SCC 407

The dominant feature of section 34 is the element of intention and participation in action. This participation need not in all cases be by physical presence.

Suresh Sakharam Nangare v state of Maharashtra, 2012 (9) scale 245, (2012) 9 SCC 249

if participation is proved and common intention is absent section 34 cannot be invoked.

Raju v state of Chhattisgarh, 2014 CrLJ 4425

If there is no evidence of having played any part in the crime and there is no evidence of the formation or sharing of any common intention with other accused it was not safe to Convict the Co – accused of the offence of murder with the aid of section 34 and 120B.

Common intention and mens res

Shyam Lal Ghosh v state of WB (2012) 7 SCC 646

It needs to be clarified that the courts must keep in mind the fine distinction between “common intention” on the one hand and “mens rea” as understood in criminal jurisprudence on the other, common intention is not alike or identical to mens rea. The latter may be coincidental with or collateral to the former but they are distinct and different.

Physical presence not Sine qua non

Shreekantiah Ramayya V state of Bombay,AIR 1955 SC 287

Physical presence at the very spot is not always necessary ingredient to attract the action. He need not be present in the actual room, he can, for instance, stand guard by a gate outside ready to warn his companions about any approach of danger or wait in a car on a nearby road ready to facilitate their escape.

Raj Kishor Purohit V state of Madhya Pradesh, AIR 2017 SC 3588

The absence of a any overt act of a assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention.

In furtherance of common intention

Parasa Raja Manikyala Rao V state of AP, (2003) 12 SC 306

It indicates some kind of aid or assistance proceeding an effect in future and that any act may be regarded as done in furtherance of the ultimate felony if it is a step intentionally taken for the purpose of effecting the felony. The Supreme Court has also construed the word “furtherence” as “advancement or promotion.

Common intention

Hanuman Prasad V state of Rajasthan, (2009) 1 SCC 507

Common intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them.

State of AP v Sobhan Babu, 2011 (3) scale 451

The common intention can be inferred from the circumstances of the case and that the intention can be gathered from the circumstances as they arise even during an incident.

Maharashtra State Electricity Distribution Co Ltd v Datar Switchgerar Limited, (2010)10 SCC 479

In order to attract Section 34 of the IPC 1860 the complaint must prima facie reflect a common prior concert or planning among all the accused

Dev Cyrus Colabawala V state of Maharashtra, 2010 CrLJ 758 (Bom.)

In gang rape it is not necessary that the intention should exists from the beginning. it can be developed at the last minute before the commission of the offence.

Difference Between Section 34 & Section 149

Both Section 34 and 149 inflicts vicarious liability on each person for those acts which are not necessarily done by them but the scope and nature of operation of the offences are different.

The main differences between the two sections are as follows:

Section 34 does not create any specific offence but only lays down the principle of joint criminal liability while Sec.149 creates specific offence and being a member of an unlawful assembly is itself a crime, and punishable under Sec.143.

‘Common intention’ used in Sec.34 is not defined anywhere in IPC, while ‘common object’ in Sec.149 one of the five ingredients is defined in Sec. 141 of IPC.
A prior meeting of mind and unity of intention is required in common intention and the act has been done in furtherance of the common intention of all.While a prior meeting of mind and unity of intention of the members of unlawfulassembly is not required in a common object.The intention of participants may be differentwhile common object is one. There is only need that criminal act has been done in furtherance of the common object.

For invoking S.34, it is sufficient that two or more persons were involved while there should be minimum five persons to impose Sec.149.
The crucial factor of Sec.34 is ‘participation’ while there is no need of active participation in Sec.149 of IPC.

Section – 35. When such an act is Criminal by the reason of its being done with a criminal knowledge or intention

Whenever there is any act which is criminal only when it is done by criminal intention or knowledge than those person shall be liable who joined by such intention or knowledge as if it is was done by himself.

Section – 36. Effect caused partly by act and partly by omission.

If an offence is committed partly by an act and partly by an omission the consequences will be the same as if the offence was committed by an act or by an omission alone.

Section – 37. Corporation by doing one of several acts constituting an offence.

Whenever an offence is committed by several acts then all person are liable who Corporates intentionally in commission of the offence singly or jointly.

Section – 38. Persons concerned in criminal act may be guilty of different offence

W/e several persons jointly committed a criminal act then all person shall be guilty of difference offences (because there means rea is different)

Section – 39. voluntarily

Whenever any person causes an effect intentionally, knowingly, reason to believe then it is called voluntarily.

Section – 40.Offence

Anything which is made punishable under IPC or under special law or local law

“Offence” means ‘an act or instance of offending’, ‘commit an illegal act and illegal means’, ‘contrary to or forbidden by law’.

Offence has to be read and understood in the context as it has been prescribed under the provisions of Sub – section 40, 41 and 42 IPC, 1860 which cover the offences punishable under IPC, 1860 or under special or local law as defined under section 2(n) of CrPC, 1973 or section 3(38) of the General Clauses Act 1897.

Section – 41. “special laws”

Laws dealing with special subject are called special laws

Excise opium cattle trespass gambling and Railway Act etc.

Section – 42. “Local law”

Laws which are applicable to a particular locality only

Port Trust act

Section – 43. “Illegal.” “legally bound to do.”

The word illegal consist of three ingredients

everything which is an offence,

everything which is prohibited by law

everything which furnishes a ground for civil action.

“Legally bound to do”, a person is stated to be legally bound to do whatever it is illegal in him to omit.

Section – 51. “Oath”

It means statement by person and includes a solemn affirmation substituted by law, Any declaration to be required by law, to be made before a public servant used for the purpose of proof according to law (whether ear in court or otherwise)

Section – 52 “Good faith”

Anything which is done with due care and attention.

Section – 52A. “Harbour”

the word harbour includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance or the assisting a person by other manner by which he evades apprehension, this is called harbour.

Except in section 157 and in section 130 in the case in which the shelter, food, drink, money, clothes, arms, ammunition or means of conveyance or the assisting a person by other manner by which he evades apprehension, is given by the wife or husband of the person harboured.

https://youtu.be/3uJXbosm0NA Sec. 6 – 20 IPC

https://youtu.be/1HKf_gAK7x Sec. 22 – 33 IPC

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

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