IPC Section 21 - Public Servant

The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely:--  1* * * *   Second.--Every Commissioned Officer in the Military, [Naval or Air] Forces [4**** 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 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 [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 [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 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;                                                                                                                         [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).] 

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Simply Put

This section describes who all are public servants: first was repelled by adaption and orders, 1950; Second means, every comissioned officer of either Military, Navy or Air force of India. Third means every Judge or any person who is empowered by law to discharge any person of his duties. Fourth means any person of court of justice who orders or comissions any act thereby enabiling law and order in the court, or one who executes any judicial process will come unde rthe ambit of public servant. Fifth every member who's assisting the panchayat raj or any officer of court of justice or public servant will also come under the ambit of public servant. Sixth every arbitrator or any other person to whom any matter has been sent for further enquiry or solution or has been asked of any report by any other competent public authority. Seventh every person who is empowered by law to keep a place or to keep a person in confinement; for example a jailor who is keeping a prisoner in custody or anyone who is empowered to carry out any such power and such power is from the government, he will come under the ambit of this section. Eighth every officer of government who has the power to prevent offences or to bring wrong doer to the custody, to carry out investigations or to protect public health saftey or convenience will come under this act; For example a police officer or a traffic police man or a CBI officer, all these are empowered by the Government to protect public and maintain law & order. Ninth every officer who is empowered by government to carry out contracts in the name of government to carry out sale deeds or purchases, who will  keep record of all authenticate documents, who will prevent the infraction of law will come under this act.  Tenth  any officer whose duty is to impose levay taxes or review any of them on behalf of the government for the common purpose of any town village or property. Eleventh any person who is empowerd to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election will come under this act. Twelfth any person appointed by government who will remunerate fees or comission for carrying out any public duty by the government, , or in the service of any government company as defined in section 617 of the companies act, 1956.

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IPC Section 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.

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Simply Put

This section means any property which is not attached to earth is movable property, for eg will papers, property papers, motar car, a book etc.

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IPC Section 23 - Wrongful gain Wrongful loss Gaining wrongfully, losing wrongfully

"Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.  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

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Simply Put

This section means that you acquire something wrongfully, for example you concieve someone into selling them an article worth Rupess 10 for Rupees 50, that is wrongful gain It means when someone loses their property by unlawful means; For example some goons forcefully taking Mr. X bag of jewels, that’s wrongful loss.

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IPC Section 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"

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Simply Put

When someone has intention to cause someone wrongful gain or someone wrongful loss, the person who causes such an act will come under this section; For example Mr X comes to Mr Y in order to purchase his horse Mr X enquired about the horse physical condition to which Mr Y dishonestly says that the horse is fine, for which he knew horse to be insane. 

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IPC Section 25 - Fraudulently

A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

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Simply Put

A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

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IPC Section 26 - Reason to believe

A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

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Simply Put

This section simply means if a person have enough reasons to belive certain thing and not otherwise it'll come under reason to belive; For example Police have reason to belive upon finding fingerprint match on murder weapon that Mrs X has murdered her husband Mr Y. this is reason to belive.

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IPC Section 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.

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Simply Put

This act means when any property is in favour of someone's wife, clerk or servant that means the property they are holding are thier own by this code; For example Mr A has transffered 3 parts of land in order to evade taxes one in the name of his wife another 2 in name of his 2 servents, all these 3 property are his own by this code

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IPC 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.

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Simply Put

This section means when a person with full knowledge of his act creates a thing which is of reseblence of another thing which is already in existance , then that person will fall under this section.

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IPC Section 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.

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Simply Put

This act means that the meaning of term "electronic record" will be found in the Information and Technology Act, 2000.

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IPC Section 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.

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Simply Put

This sectons denotes what is a document it's not specified that a certain kind of papers can be document only; for example a cheque a will property papers all these are documents.

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IPC Section 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 who hereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

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Simply Put

This act describes valuable security as in any document which is holding a legal value or value in monetory terms or related to property, anything which holds value will come under valuable security; For example A will, property papers etc.

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IPC Section 31 - A Will

The words "a will" denote any testamentary document.

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Simply Put

A document which denotes what will happen to a person property upon his demise or when he gives it up.

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IPC 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

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Simply Put

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

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IPC Section 33 - "Act", "Omission"

The word "act" denotes as well as series of acts as a single act: the word "omission" denotes as well a series of omissions as a single omission.

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Simply Put

In this section the word Act denotes one act or several Acts as 'Act', and the word Omission denotes one omission or several omissions as 'Omission'.

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IPC Section 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.

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Simply Put

This section means if an act is done by several person having common intention of committing that act, they will all be liable the same way as if one person would have done that act. For example 3 persons planning to kill one person one will provide substance other 2 will kill, all 3 will be equally liable. This is known as common intention or having similar intention.

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IPC Section 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.

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Simply Put

This section can also be called as Joint Liability, it means if an act (criminal) is done with the intention or knowledge which is criminal, all the person will be charged as such as if one person would have done the act.

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IPC Section 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.

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Simply Put

This section means if any person causes certain act or attempts to cause or omits by which the act takes place which injures other person the act said to be the same as if he had done it intentionally 

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IPC Section 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 the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

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Simply Put

This section means when an act is committed by several person following by their individual acts, they will be held liable equally as if one of them has done the act. For example A and B agrees to give harfmful medicines to C each day, C dies both A and B will be liable equally even though their acts were seperate but lead to the effect of C death.

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IPC Section 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.

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Simply Put

This section means when several persons are engaged in a criminal act they may be guilty of different offences by commission of their acts. For eg X & Y are engaged in a fight with Z, Z said offensive words against X's wife provoking X to attack him, and Y having ill will against Z also assists X in the act. Both will be tried differently.

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IPC Section 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.

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Simply Put

This section means when a person voluntarily does such an act which is likely to cause harm or loss of life, even though he is not intented to kill anybody or feel sorry for loss of life, he knew something likely would happen, he'll be liable under this section. For example A is Driving at a speed of 80 KMps in a narrow lane, risks are that someone might get hurt, and someone died it will be as A has voluntarily done the said act.

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