Indian Penal Code 1860
Section 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.
Section 8 :
Gender:
(See section 2(10) of BNS 2023)
The pronoun he and its derivatives are used of any person, whether male or female.
Section 9 :
Number:
(See section 2(22) of BNS 2023)
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.
Section 10 :
Man / Woman:
(See section 2(19) and 2 (35) of BNS 2023)
The word man denotes a male human being of any age; the word woman denotes a female human being of any age.
Section 11 :
Person:
(See section 2(26) of BNS 2023)
The word person includes any Company or Association or body of persons, whether incorporated or not.
Section 12 :
Public:
(See section 2(27) of BNS 2023)
The word public includes any class of the public or any community.
Section 13 :
Definition of Queen:
Repealed by the A.O. 1950.
Section 14 :
1.[Servant of Government :
(See section 2(28) of BNS 2023)
The words servant of Government denote any officer or servant continued, appointed or employed in India by or under the authority of Government.]
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1. Subs. by the A.O. 1950 for section 14.
Section 15 :
Definition of British India :
Repealed by the A.O. 1937
Section 16 :
Definition of Government of India :
Repealed by the A.O. 1937.
Section 17 :
1.[Government :
(See section 2(12) of BNS 2023)
The word Government denotes the Central Government or the Government of a 1.[***] State.]
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1. Subs. by the A.O. 1950, for section 17.
2. The word and letter “Part A” omitted by Act 3 of 1951, s. 3 and the Sch.
Section 18 :
1.[India :
India means the territory of India excluding the State of Jammu and Kashmir.]
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1. Subs. by Act 3 of 1951, s. 3 and the Sch., for s. 18 which was ins. by the A.O. 1950. The Original s. 18 was rep. by the A.O. 1937.
Section 19 :
Judge :
(See section 2(16) of BNS 2023)
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 definite, or a judgment which, if 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.
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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 appear, is a Judge.
(c) A member of a panchayat which has power, under 1.[Regulation VII, 1816, of the Madras Code], to try and determine suits, 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.
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1. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).
Section 20 :
Court of Justice :
(See section 2(5) of BNS 2023)
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.
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Illustration :
A Panchayat acting under 1.[Regulation VII, 1816, of the Madras Code], having power to try and determine suits, is a Court of Justice.
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1. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).
Section 21 :
Public servant :
(See section 2(28) of BNS 2023)
The words public servant denote a person falling under any of the descriptions hereinafter following, namely :-
1.[***]
Second – Every Commissioned officer in the Military,2.[Naval or Air] Forces 3.[4.[***]of India];
5.[Third. – Every Judge including any person empowered by law to discharge, whether by himself for as a member of any body of persons, any adjudicatory functions;]
Fourth. – Every officer of a Court of Justice 6.[(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 jury man, 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 7.[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 7.[the Government], or to make any survey, assessment or contract on behalf of 7.[the Government], or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of 7.[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of 7.[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 7.[the Government] 8.[***];
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;
9.[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;]
10.[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 of1956).]
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.
9.[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.]
11.[***]
State Amendment :
Rajasthan :
In section 21, after clause twelfth, the following new clause shall be added, namely :-
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.
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1.Cl. First omitted by the A.O. 1950.
2. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or Naval”.
3. The original words “of the Queen while serving under the Government of India, or any Government” have successively been amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.
4. The words “of the Dominion” omitted by the A.O. 1950.
5. Subs. by Act 40 of 1964, s. 2, for cl. Third.
6. Ins. by s. 2, ibid.
7. Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A.O. 1937, for “Government”.
8. Certain words omitted by Act 40 of 1964, s. 2.
9. Ins. by Act 39 of 1920, s. 2.
10. Subs. by Act 40 of 1964, s. 2, for Cl. Twelfth.
11. Explanation 4 omitted by Act 39 of 1920, s. 2.
Section 22 :
Movable property :
(See section 2(21) of BNS 2023)
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.
Section 23 :
Wrongful gain: Wrongful loss :
(See section 2(21) and 2(36) of BNS 2023)
Wrongful gain :
Wrongful gain is the 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.
Section 24 :
Dishonestly :
(See section 2(7) of BNS 2023)
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.
Section 25 :
Fraudulently :
(See section 2(9) of BNS 2023)
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
Section 26 :
Reason to believe :
(See section 2(29) of BNS 2023)
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 :
Property in possession of wife, clerk or servant :
When property is in the possession of a persons wife, clerk or servant, on account of that person, it is in that persons 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.
Section 28 :
Counterfeit :
(See section 2(4) of BNS 2023)
A person is said to counterfeit who causes one thing to resemble another thing, intending by means of that resemblance to practices deception, or knowing it to be likely that deception will thereby be practised.
1.[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 practice deception or knew it to be likely that deception would thereby be practised.]
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1. Subs. by Act 1 of 1889, s. 9, for the Explanation.
Section 29 :
Document :
(See section 2(8) of BNS 2023)
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.
A writing containing directions or instructions 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.
Section 29A :
1.[Electronic record :
(See section 2(39) of BNS 2023)
The words Electronic record shall have the meaning assigned to them in clause(t) of sub-section 2 of the Information Technology act, 2000.]
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1. Ins. by Act 21 of 2000, s. 91 and the First Sch. (w.e.f. 17-10-2000).
Section 30 :
Valuable security :
(See section 2(31) of BNS 2023)
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 whereby 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 to transfer the right to the bill to any person who may become the unlawful holder of it, the endorsement is a “valuable security”.
Section 31 :
A will :
(See section 2(34) of BNS 2023)
The words a will denote any testamentary document.
Section 33 :
Act / Omission :
(See section 2(1) and 2(25) of BNS 2023)
The word act denotes as well a series of acts as a single act; the word omission denotes as well a series of omissions as a single omission.
Section 39 :
Voluntarily :
(See section 2(33) of BNS 2023)
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.
Section 40 :
1.[Offence :
(See section 2(24) of BNS 2023)
Except in the 2.[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, 3.[Chapter VA] and in the following sections, namely, sections 4.[64, 65, 66, 5.[67], 71], 109, 110, 112, 114, 115, 116, 117,6.[118, 119 and 120] 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word “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.]
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1. Subs. by Act 27 of 1870, s. 2, for section 40.
2. Subs. by Act 8 of 1930, s. 2 and the First Sch., for “Chapter”.
3. Ins. by Act 8 of 1913, s. 2.
4. Ins. by Act 8 of 1882, s. 1.
5. Ins. by Act 10 of 1886, s. 21 (1).
6. Ins. by Act 10 of 2009, s. 51 (w.e.f. 27-10-2009).
Section 41 :
Special law :
(See section 2(30) of BNS 2023)
A special law is a law applicable to a particular subject.
Section 42 :
Local law :
(See section 2(18) of BNS 2023)
A “local law” is a law applicable only to a particular part of 1.[2.[***]3.[India]].
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1. Subs. by the A.O. 1948, for “British India”.
2. The words “the territories comprised in” omitted by Act 48 of 1952, s. 3 and the Second Sch.
3. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States” which had been subs. by the A.O. 1950, for “the Provinces”.
Section 43 :
Illegal / Legally bound to do :
(See section 2(15) of BNS 2023)
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.
Section 44 :
Injury :
(See section 2(14) of BNS 2023)
The word injury denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
Section 45 :
Life :
(See section 2(17) of BNS 2023)
The word life denotes the life of a human being, unless the contrary appears from the context.
Section 46 :
Death :
(See section 2(6) of BNS 2023)
The word death denotes the death of a human being unless the contrary appears from the context.
Section 47 :
Animal :
(See section 2(2) of BNS 2023)
The word animal denotes any living creature, other than a human being.
Section 48 :
Vessel :
(See section 2(32) of BNS 2023)
The word vessel denotes anything made for the conveyance by water of human beings or of property.
Section 49 :
Year / Month :
(See section 2(20) of BNS 2023)
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.
Section 51 :
Oath :
(See section 2(23) of BNS 2023)
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.
Section 52 :
Good faith :
(See section 2(11) of BNS 2023)
Nothing is said to be done or believed in good faith which is done or believed without due care and attention.
Section 52A :
1.[Harbour :
(See section 2(13) of BNS 2023)
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 of 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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1. Ins. by Act 8 of 1942, s. 2.
Section 216B :
1.[Definition of harbour in sections 212, 216 and 216A. :
(See section 2(13) of BNS 2023)
Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), s. 3.]
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1. The words or under the Fugitive Offenders Act, 1881, omitted by Act 3 of 1951, s. 3 and the Sch.