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This definition is inclusive and does not define the word 'public'. It only says that any |
class of public or any community is included within the term 'public'. A body or class of |
persons living in a particular locality may come within the term 'public'.19. |
19. Harnandan Lal v Rampalak Mahto, (1938) 18 Pat 76. |
THE INDIAN PENAL CODE |
CHAPTER II GENERAL EXPLANATIONS |
THIS Chapter is for the most part an elaborate interpretation clause. It is a key to the |
interpretation of the whole Code. The leading terms used are here defined and |
explained and the meanings thus, announced are steadily adhered to throughout the |
subsequent chapters. |
[s 13] [Repealed] |
[Definition of "Queen".] [Rep. by the A.O. 1950.] |
THE INDIAN PENAL CODE |
CHAPTER II GENERAL EXPLANATIONS |
THIS Chapter is for the most part an elaborate interpretation clause. It is a key to the |
interpretation of the whole Code. The leading terms used are here defined and |
explained and the meanings thus, announced are steadily adhered to throughout the |
subsequent chapters. |
20.[[s 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.] |
20. Subs. by the A.O. 1950, for section 14. |
THE INDIAN PENAL CODE |
CHAPTER II GENERAL EXPLANATIONS |
THIS Chapter is for the most part an elaborate interpretation clause. It is a key to the |
interpretation of the whole Code. The leading terms used are here defined and |
explained and the meanings thus, announced are steadily adhered to throughout the |
subsequent chapters. |
20.[[s 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.] |
20. Subs. by the A.O. 1950, for section 14. |
THE INDIAN PENAL CODE |
CHAPTER II GENERAL EXPLANATIONS |
THIS Chapter is for the most part an elaborate interpretation clause. It is a key to the |
interpretation of the whole Code. The leading terms used are here defined and |
explained and the meanings thus, announced are steadily adhered to throughout the |
subsequent chapters. |
[s 15] [Repealed] |
[Definition of "British India".] [Rep. by the A.O. 1937.] |
THE INDIAN PENAL CODE |
CHAPTER II GENERAL EXPLANATIONS |
THIS Chapter is for the most part an elaborate interpretation clause. It is a key to the |
interpretation of the whole Code. The leading terms used are here defined and |
explained and the meanings thus, announced are steadily adhered to throughout the |
subsequent chapters. |
[s 16] [Repealed] |
[Definition of "Government of India".] [Rep. by the A.O. 1937.] |
THE INDIAN PENAL CODE |
CHAPTER II GENERAL EXPLANATIONS |
THIS Chapter is for the most part an elaborate interpretation clause. It is a key to the |
interpretation of the whole Code. The leading terms used are here defined and |
explained and the meanings thus, announced are steadily adhered to throughout the |
subsequent chapters. |
21.[s 17] "Government" |
The word "Government" denotes the Central Government or the Government of a 22. |
[***] State.] |
COMMENT— |
Legislature of a State cannot be comprehended in the expression 'State |
Government'.23. |
21. Subs. by A.O. 1950, for section 17. |
22. The word and letter "Part A" omitted by Act 3 of 1951, section 3 and Sch (w.e.f. 1-4-1951). |
23. RS Nayak v AR Antulay, (1984) 2 SCC 183 [LNIND 1984 SC 43] : AIR 1984 SC 684 [LNIND |
1984 SC 43] . |
THE INDIAN PENAL CODE |
CHAPTER II GENERAL EXPLANATIONS |
THIS Chapter is for the most part an elaborate interpretation clause. It is a key to the |
interpretation of the whole Code. The leading terms used are here defined and |
explained and the meanings thus, announced are steadily adhered to throughout the |
subsequent chapters. |
21.[s 17] "Government" |
The word "Government" denotes the Central Government or the Government of a 22. |
[***] State.] |
COMMENT— |
Legislature of a State cannot be comprehended in the expression 'State |
Government'.23. |
21. Subs. by A.O. 1950, for section 17. |
22. The word and letter "Part A" omitted by Act 3 of 1951, section 3 and Sch (w.e.f. 1-4-1951). |
23. RS Nayak v AR Antulay, (1984) 2 SCC 183 [LNIND 1984 SC 43] : AIR 1984 SC 684 [LNIND |
1984 SC 43] . |
THE INDIAN PENAL CODE |
CHAPTER II GENERAL EXPLANATIONS |
THIS Chapter is for the most part an elaborate interpretation clause. It is a key to the |
interpretation of the whole Code. The leading terms used are here defined and |
explained and the meanings thus, announced are steadily adhered to throughout the |
subsequent chapters. |
24.[[s 18] "India." |
"India" means the territory of India excluding the State of Jammu and Kashmir.] |
COMMENT— |
This exclusion of the State of Jammu and Kashmir in this section is not violative of |
Article 1 and the First Schedule of the Constitution of India.25. In fact, Fazal Ali, CJ, as |
he then was, held that exclusion of a territory postulates the existence of a territory |
itself; State of Jammu and Kashmir cannot be taken as a foreign territory.26. Since the |
First Schedule to the Constitution of India specifically includes Jammu and Kashmir as |
a part of the territories of India, the exclusion of the State of Jammu and Kashmir from |
section 18 of the Penal Code only means that for the purposes of application of the |
provisions of the Indian Penal Code, that State shall not be considered as a part of |
India. In fact, section 1 of the Code itself makes this position abundantly clear. The |
State of Jammu and Kashmir has a separate Penal Code of its own. It is known as the |
Ranbir Penal Code, which is almost same as the Indian Penal Code. |