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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[s 13] [Repealed]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[s 15] [Repealed]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.