Indian Penal Code, 1860: Sections 6 to 52A

6. Definitions in the
Code to be understood subject to exceptions—Throughout this Code every definition of an offence,
every penal provision, and every illustration of every such definition or
penal provision shall be understood subject to the exceptions contained in
the Chapter entitled “General Exceptions”, though those exceptions are not
repeated in such definition, penal provision, or illustration.

Illustrations

(a) The
sections, in this Code, which contain definitions of offences, do not express
that a child under seven years of age can not commit such offences; but the
definitions are to be understood subject to the general exception which provides
that nothing shall be an offence which is done by a child under seven years
of age.

(b) A, a
police officer, without warrant, apprehends Z, who has committed murder. Here
A is not guilty of the offence of wrongful confinement for he was bound by
law to apprehend Z and therefore the case falls within the general exception
which provides that “nothing is an offence which is done by a person who is
bound by law to do it”.

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.

8. Gender—The pronoun “he” and its derivatives are used of
any person, whether male or female.

9. Number—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.

10.
“Man”, “Woman”. —The word “man” denotes a male human being of any age;
the word “woman” denotes a female human being of any age.

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

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

13. “Queen”. —[Rep. By the A.O. 1950.]

¹[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.]

1. Subs. by the A.O. 1950,
for the original section.

15. [Definition of “British
India-. [Rep. By the A.O. 1937.]

16. “Government of India”.
—[ Rep. By the A.O. 1937.]

¹[17.
“Government”.- The word “Government” denotes the Central Government
or the Government of a ²[***] State.]

1. Subs. by the A.O.1950,
for the original section.

2. The words and letter “Part
A” omitted by Act 3 of 1951, sec.3 and sch.

¹[18. India.- “India” means the territory of India excluding the State of Jammu and
Kashmir.]

1. Subs. by Act 3 of 1951,
sec.3 and sch., for the former section which was ins. by the A.O. 1950. The
original section 18 was rep, by the A.O. 1937.

19. “Judge”.- 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 definitive, or a judgment which, is 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.

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 appeal, is a judge.

(c) A member of a Panchayat which has power,
under Regulation VII, 1816, of the Madras Code, to try and determine 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.

20. “Court of Justice”.- 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.

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.

1. Rep. by the Madras Civil
Courts Act, 1873 (3 of 1873).

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^,²[Naval
or Air] Forces ³[of India];

⁴[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 function;]

Fourth.- Every officer of a Court of justice ⁵[(including
a liquidator, receiver or commissioner)] whose duty it s, 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;

Eight.-Every officer of ⁶[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 extend any property on behalf of ⁶[the Government], or to make any survey, assessment
or contract on behalf of the ⁶[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 ⁶[the Government], or to prevent the infraction of any
law for the protection of the pecuniary interests of ⁶[the
Government] ⁷[***];.

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;

⁸[Eleventh.- Every persons 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; ]

⁹[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.

⁸[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.]

¹⁰[***]

1. Clause First omitted by
the A.O. 1950.

2. Subs. by Act 10 of 1927,
s. 2 and Sch. I, 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 A.O. 1950 to
read as above.

4. Subs by Act 40 of 1964,
s. 2, for the former clause.

5. Ins. by Act 40 of 1964,
sec. 2.

6. Subs. by the A.O. 1950,
for “the Crown” which had been subs. by the A. O.1937, for “Government”.

7. Certain words omitted
by Act 40 of 1964, sec.2.

8. Ins. by Act 39 of 1920,
sec.2.

9. Subs. by the Act 40 of
1964, sec.2 for the former clause

10. Ins. by Act 39 of 1920,
Sec.

STATE AMENDMENT

State of Rajasthan:-

In Section 21 of the Indian Penal Code, 1860 (Central
Act 45 of 1860), in its application to the State of Rajasthan, 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 recognized 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.”

[Vide Rajasthan Act, 1993 4 of 1993, Sec. 2 (w.e.f.
11-2-1993)].

22.
“Moveable property”.- The words “moveable 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.

23.
“Wrongful gain”—“Wrongful gain” is 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.

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”.

25. “Fraudulently”: -A person is said to do a thing fraudulently if he
does that thing with intent to defraud but not otherwise.

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.

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.

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.

28. “Counterfeit”: --A person is said to “counterfeit” who causes one
thing to resemble another thing, intending by means of that resemblance to
practice deception, or knowing it to be likely that deception will thereby
be practiced.

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 practiced.]

1. Subs. by Act 1 of 1889,
s. 9, for the original Explanation.

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.

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 no.

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 man or plan which is intended to be used or which
may be used as evidence, 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.

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 whereby any person acknowledges
that the 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 transfer the right to the bill to any
person who may become the lawful holder of it, the endorsement is a “valuable
security”.

31. “A will”: -The words “a will” denote any testamentary document.

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.

33. “Act”.
“Omission”: -The word “act” denotes
as well a series of acts as a single act: the word “omission” denotes as well
as series of omissions as a single omission.

¹[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.]

1. Subs. by Act 27 of 1870,
sec. I, for the original 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 be 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.

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.

Illustration

A intentionally causes Z’s death, partly by illegally
omitting to give Z food, and partly by beating Z. A has committed murder.

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.

Illustrations

(a) A and B agree to murder Z by severally
and at different times giving him small doses of poison. A and B administer
the poison according to the agreement with intent to murder Z. Z dies from
the effects of the several doses of poison so administered to him. Here A
and B intentionally co-operates in the commission of murder and as each of
them does an act by which the death is caused, they are both guilty of the
offence though their acts are separate.

(b) A and B are joint jailors, and as such
have the charge of Z, a prisoner, alternately for six hours at a time. A and
B, intending to cause Z’s death, knowingly co-operate in causing that effect
by illegally omitting, each during the time of his attendance, to furnish
Z with food supplied to them for that purpose. Z dies of hunger. Both A and
B are guilty of the murder of Z.

(c) A, a jailor, has the charge of Z, a
prisoner. A, intending to cause Z’s death illegally omits to supply Z with
food in consequence of which Z is much reduced in strength, but the starvation
is not sufficient to cause his death. A is dismissed from his office, and
B succeeds him. B, without collusion or co-operation with A, illegally omits
to supply Z with food, knowing that he is likely thereby to cause Z’s death.
Z dies of hunger. B is guilty of murder, but, as A did not co-operate with
B. A is guilty only of an attempt to commit murder.

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.

Illustration

A attacks Z under such circumstances of grave provocation
that his killing of Z would be only culpable homicide not amounting to murder.
B, having ill-will towards Z and intending to kill him, and not having been
subject to the provocation, assists A in killing Z. Here, though A and B are
both engaged in causing Z’s death, B is guilty of murder, and A is guilty
only of culpable homicide.

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.

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.

¹[40
“Offence”:--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 V A] and in the following sections,
namely Sections ⁴[64, 65,
66, ⁵[67],
71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214,
221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445,
the words “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.]

1. Subs. by Act 27 of 1870,
sec.1, for the original section.

2. Subs. by Act 8 of 1930,
sec.2 and sch. I, for “Chapter”.

3. Ins. by Act 8 of 1913,
sec.2.

4. Ins. by Act 8 of 1882,
sec.1.

5. Ins. by Act 10 of 1886,
sec.21(1).

41. “Special
law”:--A “special law” is a law
applicable to a particular subject.

42. “Local
law”:--A “local law” is a law applicable
only to a particular part of ¹[²[***]³ [India]].

1. Subs. by the A.O.1948,
for “British India”.

2. The words “the territories
comprised in” omitted by Act 48 of 1952, sec.3 and sch. II.

3. Subs. by Act 3 of 1951,
sec.3 and sch., for the “the States” which had been subs. by the A.O.1950,
for “ the Provinces”.

43. “Illegal”,
Legally bound to do”: -The word
“illegal” is applicable to everything 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.

44. “Injury”: -The word “injury” denotes any harm whatever illegally
caused to any person, in body, mind, reputation or property.

45. “Life”: -The word “life” denotes the life of a human being,
unless the contrary appears from the context.

46. “Death”:--The word “death” denotes the death of a human being
unless the contrary appears from the context.

47. “Animal”:--The word “animal” denotes any living creature, other
than a human being.

48. “Vessel”: -The word “vessel” denotes anything made for the conveyance
by water of human beings or of property.

49. “Year”,
“Month”:--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.

50. “Section”:--The word “section” denotes one of those portions
of a chapter of this Code which are distinguished by prefixed numeral figures.

51. “Oath”: -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.

52. “Good
faith”: -Nothing is said to be done or believed in “good faith”
which is done or believed without due care and attention.

¹
[52A
“Harbour”: -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.]

1. Ins. by Act 8 of 1942,
sec.2.

Indian Penal Code, 1860

Friday, September 5, 2008

Sections 6 to 52A

CONTENTS

CHAPTER-II

GENERAL EXPLANATIONS

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