Datasets:

jbp123

/

bnsaddcsv

like 0

15

20

25

30

35

40

455

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 authorisedto perform any of such duties;

(d) every assessor or member of a panchayat assisting a Court or public

servant;

(e) every arbitrator or other person to whom any cause or matter has been

referred for decision or report by any Court, or by any other competent publicauthority;

(f) every person who holds any office by virtue of which he is empowered

to place or keep any person in confinement;

(g) 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;

(h) 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 pecuniaryinterests of the Government, or to make, authenticate or keep any documentrelating to the pecuniary interests of the Government, or to prevent the infractionof any law for the protection of the pecuniary interests of the Government;

(i) 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 taxfor 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 thepeople of any village, town or district;

(j) every person who holds any office by virtue of which he is empowered

to prepare, publish, maintain or revise an electoral roll or to conduct an electionor part of an election;

(k) every person—

(i) in the service or pay of the Government or remunerated by fees or

commission for the performance of any public duty by the Government;

(ii) in the service or pay of a local authority as defined in clause ( 31)

of section 3 of the General Clauses Act, 1897, a corporation established byor under a Central or State Act or a Government company as defined inclause ( 45) of section 2 of the Companies Act, 2013.

Explanation.—

(a) persons falling under any of the descriptions made in this clause

are public servants, whether appointed by the Government or not;

(b) 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 thatsituation is a public servant;

(c) “election” means an election for the purpose of selecting members

of any legislative, municipal or other public authority, of whatever character,the method of election to which is by, or under any law for the time beingin force.

Illustration .

A Municipal Commissioner is a public servant;10 of 1897.

18 of 2013.5

10

15

20

25

30

35

40

456

(29) “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;

(30) “special law” means a law applicable to a particular subject;

(31) “valuable security” means a document which is, or purports to be, a

document where by any legal right is created, extended, transferred, restricted,extinguished or released, or where by any person acknowledges that he lies underlegal 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 thelawful holder of it, the endorsement is a “valuable security”;

(32) “vessel” means anything made for the conveyance by water of human

beings or of property;

(33) “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 ofemploying 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 haveintended 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;

(34) “will” means any testamentary document;

(35) “woman” means a female human being of any age;

(36) “wrongful gain” means gain by unlawful means of property to which the

person gaining is not legally entitled;

(37) “wrongful loss” means the loss by unlawful means of property to which the

person losing it is legally entitled;

(38) “gaining wrongfully”, “losing wrongfully”.—A person is said to gain

wrongfully when such person retains wrongfully, as well as when such person acquireswrongfully. A person is said to lose wrongfully when such person is wrongfully kept outof any property, as well as when such person is wrongfully deprived of property; and

(39) words and expressions used but not defined in this Sanhita but defined in

the Information Technology Act, 2000 and the Bhartiya Nagarik Suraksha Sanhita,2023 and shall have the meanings respectively assigned to them in that Act Sanhita.

3. (1) Throughout this Sanhita every definition of an offence, every penal provision,

and every Illustration of every such definition or penal provision, shall be understoodsubject to the exceptions contained in the Chapter entitled “General Exceptions”, thoughthose exceptions are not repeated in such definition, penal provision, or Illustration.

Illustration s.

(a) The sections, in this Sanhita which contain definitions of offences, do not

express that a child under seven years of age cannot commit such offences; but thedefinitions are to be understood subject to the general exception which provides thatnothing 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 lawto apprehend Z, and therefore the case falls within the general exception which providesthat “nothing is an offence which is done by a person who is bound by law to do it”. GeneralExplanationsandexpressions.21 of 2000.5

10

15

20

25

30

35

40

457

(2) Every expression which is explained in any Part of this Sanhita, is used in every Part

of this Sanhita in conformity with the explanation.

(3) When property is in the possession of a person’s spouse, clerk or servant, on

account of that person, it is in that person’s possession within the meaning of this Sanhita.

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 sub-section.

(4) In every Part of this Sanhita, except where a contrary intention appears from the

context, words which refer to acts done extend also to illegal omissions.

(5) 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 doneby him alone.

(6) 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 theact with such knowledge or intention is liable for the act in the same manner as if the act weredone by him alone with that knowledge or intention.

(7) 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 effectpartly by an act and partly by an omission is the same offence.