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are used for any person whether male or female. Thus, in view of section 8, IPC, 1860 |
read with section 2(y), Code of Criminal Procedure, 1973 (Cr PC, 1973) the pronoun 'his' |
in clause (d) of section 125(1), Cr PC, 1973 also indicates a female.7. |
7. Vijaya (Dr.) v Kashirao Rajaram Sawai, 1987 Cr LJ 977 : AIR 1987 SC 1100 [LNIND 1987 SC |
200] ; M Areefa Beevi v Dr. K M Sahib, 1983 Cr LJ 412 (Ker) : See also Girdhar Gopal v State, 1953 |
Cr LJ 964 (MB) (Section 354 IPC, 1860). |
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 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. |
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 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. |
COMMENT— |
A female child of seven and a half months was held to be a "woman" for the purpose of |
section 354 IPC, 1860.8. |
8. State of Punjab v Major Singh, AIR 1967 SC 63 [LNIND 1966 SC 130] : 1967 Cr LJ 1 . |
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 11] "Person". |
The word "person" includes any Company or Association or body of persons, whether |
incorporated or not. |
COMMENT— |
The term 'person' has been defined in section 11, IPC, 1860, and the same is in pari |
materia with section 3(42) of the General Clauses Act 1897. Obviously, the definition is |
inclusive.9. A natural person, an incorporated person or even an unincorporated |
association or body of persons like a partnership can be a person under section 11 of |
IPC, 1860.10. The Supreme Court has held in Standard Chartered Bank v Directorate of |
Enforcement,11. that, as regards corporate criminal liability, there is no doubt that a |
corporation or company could be prosecuted for any offence punishable under law, |
whether it is coming under the strict liability or under absolute liability. A juristic person |
has been held to come within the meaning of the word "person" for the purposes of |
section 415 (cheating).12. |
The State and its instrumentalities are juristic persons,13. but by implication, the State |
stands excluded from the purview of the word 'person' for the purpose of limiting its |
right to avail the revisional power of the High Court under section 397(1) of Cr PC, 1973 |
for the reason that the State, being the prosecutor of the offender, is enjoined to |
conduct prosecution on behalf of the society and to take such remedial steps as to |
deems proper.14. Chief Educational Officer is an artificial person/ juristic person falling |
under section 11 of IPC, 1860.15. |
[s 11.1] Accused person.— |
Though the word "person" is defined in the Indian Penal Code section 11 and the |
General Clauses Act section 3(42) which are identical and are not exhaustive but an |
inclusive one. The words "accused" or "accused person" or "accused of an offence" are |
not defined either in the Indian Penal Code or in the Indian Evidence Act or in the |
General Clauses Act 1897.16. |
[s 11.2] Complainant.— |
A complaint can be filed in the name of a juristic person because it is also a person in |
the eye of law. It is clear that complainant must be a corporeal person who is capable |
of making a physical presence in the court. Its corollary is that even if the complaint is |
made in the name of incorporeal person (like a company or corporation) it is necessary |
that a natural person represents such juristic person in the court and it is that natural |
person who is looked upon, for all practical purposes, to be the complainant in the |
case. In other words, when the complainant is a body corporate it is the de jure |
complainant, and it must necessarily associate a human being as de facto complainant |
to represent the former in court proceedings.17. A company is a person in law and not |
in fact. A person in law is always required to be represented by a person in fact. A |
company can file a complaint for Defamation (section 500 IPC, 1860) through its |
authorised representative.18. |
9. Chief Education Officer, Salem v K S Palanichamy, 2012 Cr LJ 2543 (Mad). |
10. B Raman v M/S. Shasun Chemicals and Drugs Ltd, 2006 Cr LJ 4552 (Mad); Target Overseas |
Exports Pvt Ltd v A M Iqbal, 2005 Cr LJ 1931 (Ker). |
11. Standard Chartered Bank v Directorate of Enforcement, AIR 2005 SC 2622 [LNIND 2005 SC |
476] . |
12. Reji Michael v Vertex Securities Ltd, 1999 Cr LJ 3787 (Ker). |
13. Common Cause, A Registered Society v UOI, (1999) 6 SCC 667 [LNIND 1999 SC 637] : AIR |
1999 SC 2979 [LNIND 1999 SC 637] . |
14. Krishnan v Krishnaveni, AIR 1997 SC 987 [LNIND 1997 SC 1883] : 1997 Cr LJ 1519 : (1997) 4 |
SCC 241 [LNIND 1997 SC 1883] . |
15. Chief Education Officer, Salem v K S Palanichamy, 2012 Cr LJ 2543 (Mad). |
16. Directorate of Enforcement v Deepak Mahajan, AIR 1994 SC 1775 [LNIND 1993 SC 656] : |
(1994) 3 SCC 440 : 1994 Cr LJ 2269 . |
17. Associated Cement Co Ltd v Keshvanand, AIR 1998 SC 596 [LNIND 1997 SC 1634] : (1998) 1 |
SCC 687 [LNIND 1997 SC 1634] : 1998 Cr LJ 856 . |
18. CM Ibrahim v Tata Sons Ltd, 2009 Cr LJ 228 (Kar). |
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 12] "Public.". |
The word "public" includes any class of the public, or any community. |
COMMENT— |