IPC, Chapter- ll General Explanations (Section 6- 52A)

SECTION 6– Definition in the code to be understood subject to exceptions-

Every definition, penal provision and illustration of all the offences covered under this code should be read as a subject to the relatable exceptions, mentioned in chapter IV- General Exceptions.

This section imposes restriction in validating the applicability of offences, without being bothered about chapter IV, by declaring definitions to be a subject to general exception (ch. IV).

Highlights:

• Basically, section 6 is immunity from criminal liability for an offender if he or she does not fall under any provision of chapter IV.
• Instead, of mentioning exceptions repeatedly, it was better to have separate chapter for it. (One single exception would be applicable to more than one offence committed by a single category of offender. Example- children under 7 years of age cannot commit offence like murder, etc)
• This section is to be read as a subject to chapter IV provisions (section-76 to 106).

SECTION 7– Sense of expression once explained-

Every expression talked about in this Code, is confirmed with chapter II.

SECTION 8– Gender-“he”, use for any person, male or female.

SECTION 9– Number- Unless contrary appears from context, words importing:

• The singular number include the plural number and
• The plural number include the singular number.

SECTION 10– “Man”, “Women”

• Man- male human being of any age.
• Woman- female human being of any age.

Highlight

• Principal significance lies in word “of any age”.
• Thus, women includes infant female (section 354, IPC- assault or criminal force to women with intent to outrage her modesty).

SECTION 11- “Person”-

Any company or association or body of persons, whether incorporated or not.

Highlight

• Effect of this section, with expression-
• Any company, whether incorporated or not,
• Any association of persons, whether incorporated or not and
• Anybody of persons, whether incorporated or not.
• Criminal liability of corporations- Those corporations may be:
• Either corporate sole (one person or entity construed by law as an artificial juridical person) or
• Corporations, in aggregate (eg. Companies).
• Officers of corporations-
  • Positive effect of section 11- [Syndicate Transport Co. (1963) 66 Bom LR 197]

Corporations may be criminally liable. Section 11 is safeguard when a corporation tends to become victim of an offence, lead offender sentence to imprisonment.

Negative effect of section 11- [Girdharilal V Lal chand 1970 Cr. LJ 987 (Raj.)]

Corporation can be punished, only if offence is punishable with fine.

• Criminal liability of Directors and officers: Technically, offenders is a corporation, director may be liable (on addition to the criminal liability of the corporation), under-

1. Section 107 and 108, IPC- If directors or officers tend to be participants in the offence amounts to abatement.
2. Some special Acts- Directors and other officers could be charged of affairs of corporation for conduct of affairs declared criminally liable unless they can prove that the offence was committed without their knowledge or they exercised all due diligence to prevent the commission of that offence.
3. Criminal  liability of partners:

[Sham Sundar V State of Haryana, (Judgment dated 21 August, JT 1989(3) SC 523

Supreme Court held, reference to section 10 of the Essential Commodities Act, 1955, only a partner liable and responsible for conducting, the business of the firm could be convicted unless he proves the contravention took place without her knowledge or the exercised all due diligence tom prevent such contravention.

SECTION 12– “Public”-

Includes any class of public or any community, any company, whether incorporated or not.

SECTION 14– “Servant Government”-

Any officer or servant:

1. Continues appointment or
2. Get employed in India by or under the authority of Government.

SECTION 17- “Government”

1. The Central Government or
2. Government of the State.

SECTION 18– “India”

Territory of India excluding the State of Jammu and Kashmir.

Highlights:

1. Relatable to section- 108A, 121A, 359, 360, etc of this Code and intended to be connoted by those sections, where territorial effect is crucial element.
2. This section is not Indian as political entity, but geographical territory.
3. It would have been more expressive it began something like this, “India” in relation to the territory.

SECTION 19– “Judge”

Not only every person officially designated as judge or who is one of a body of persons if empowered by law to give judgments (given below), but also every person empowered by law, to give-

1. Any legal proceeding, civil or criminal or
2. Definitive judgment by law to give in any legal proceedings , civil or criminal or
3. Definitive judgment or judgment which, if confirmed by some other authority, would be definitive.

Highlights                    

Judge OR not?

• A collector exercising jurisdiction, in suit under 10 of 1859, is judge.
• A magistrate exercising jurisdiction in respect of charge on which he has power to sentence to fine or imprisonment, with or without appeal, is judge.
• A member of panchayat, power under Regulation- VII, 1810 of Madras Code to try and determine suits, is judge.
• A magistrate exercising jurisdiction in respect of charge on which he has power only to committee for trial to another court, not a judge.

SECTION 20– “Court of Justice”

When the following person judicially-

1. A judge, who is empowered by law to act judicially alone and
2. A body of judges, empowered by law to act judicially as a body.

Highlights

A panchayat acting under Regulation VII, 1816 of Madaras, having power to try and determine suit, is a court of Justice.

SECTION 21 “Public Servant”                                 

A person falling under any of the below description-

• Every commissioned officer in Military, Navy or Air Force of India ;
• Every judge or any person empowered by law to discharge my adjudicatory functions by himself or member anybody of person;
• Every officer of Overt (not hidden or open) of Justice (including liquidator, receiver or commissioner) whose duty is:
  • to investigate or report any matter of law or fact,
  • to make, authenticate or keep any document,
  • to administer any oath,
  • to interpret or preserve order in court,
  • specially authorized by court of justice to perform any of such duties.
• Every jury man, assessor or member of panchayat (assisting Court of Justice or public servant);
• Every arbitrator or other person (referred for decision or report by any Court of Justice or other competent one);
• Every person, holding any office by virtue (empowered to keep any person in confinement);
• Every person of the Government, under duty of-
  • Preventing offences or
  • Giving information of offences or
  • Bringing offenders to justice or
  • To protect public health, safety or convenience;
• Every officer, whose duty on behalf of the Government is to-
  • Take, receive, keep or expand any property,
  • Make survey, assessment or contract,
  • Execute any revenue process,
  • Execute any revenue process,
  • Investigate or report any matter affection the pecuniary interest of Government,
  • Prevent infraction of any law for pecuniary interest of Government;
• Every person, whose duty as an officer is to-
  • Take, receive, keep or expend any property,
  • Make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district,
  • Make, authenticate or keep any document for ascertaining of the right of the people of any village, town or district;
• Every person (as miscellaneous)-
  • In service or pay of the Government or remuneration by fees or commission for performance of any public duty by the Government,
  • In service or pay of local authority, a corporation established by or under a central, provincial or state Act or Government company (section 617 of the Companies Act, 1956 (1 of 1956).

Highlight

• A Municipal Commissioner is a public servant.
• Public servants mentioned in section 34, may be appointed by Government or not.
• A public servant may be under legal defect in his right to hold the situation.
• “Election” denotes selecting members of a Legislative, municipal or other public authority.
• Public servant OR not-
  • Bank employee- Certain specific bank employee, if legislature wants.
  • Banks- Nationalized bank’s employee is a public servant, being employee of a Government company or Corporation controlled by Government of India.
  • President and Secretary of cooperative society- Not a public servant.
  • Private Medical Practitioner- Not public servant even if their names are included in panel of doctors.
  • Surveyor- Surveyor of Insurance claim does not fall under this section.
  • MP- Public servant under section (2) of Prevention of Corruption Act, 1988.
  • MLA – Not a public servant
  • Minister – Are public servant as they:
    • Receive ‘pay’, an expression wider than salary.
    • Appointed by the Governor (Article 164 and 167 of the Constitution of India)
    • Perform public functions.
• Co-operative societies- These are not owned or controlled by the state. Their officers are not public servants, not even those on deputation form Government.

SECTION 22– “Movable Property”

Corporate Property of every description, except-

1. Land and thing attached to the earth and
2. Things fastened to anything which is attached to the earth.

SECTION 23 – “Wrongful gain”

• “Wrongful gain”-gain by unlawful means of property to which person gaining is legally entitled.
• “Wrongful loss”- Loss by unlawful means of property to which person losing it is legally entitled.
• Gaining wrongfully – Person said to gain wrongfully, when retains as well as acquired wrongfully
• Losing wrongfully – Person said to loss wrongfully, when kept out as well as deprived wrongfully.

SECTION 24-“Dishonestly”-Anything done with an intent of causing wrongful gain to one and wrongful loss to another.

Highlight

Concealment amounts to dishonesty.

SECTION 25– “Fraudulent”- Anything said with an intent to defraud, not anything else.

Highlight

1. Pecuniary advantage or harm is unnecessary (fraudulent need not to be dishonest)
2. Fraud requires deceiving, but not wrongful gain or loss.
3. No fraud, if neither deceived, nor dishonesty.

SECTION 26- “Reason to believe”- There is ‘reason to believe’, only if there is sufficient cause to believe it.

SECTION 27– Property in possession of wife, clerk or servant

When wife, clerk or servant is in account of that person.

Highlight

1. Clerk or servant- Person temporarily employed, on particular occasion in capacity of clerk or servant.
2. ‘On account to that person ‘- Being accountable to that person (to whom they are accountable), not being property in control of them (here, wife specifically)
3. Possession in English Criminal Law- Possession requires mental element.”A person cannot be said to be in possession of some article which he or she does not realize in or may in her handbag, room, etc, over which he has control”.

SECTION 28- “Counterfeit”- To create resemblance, with an intent to deceive.

Highlight

1. Resemblance or imitation does not need to be exact.
2. Until a person is proved counterfeiting, he is presumed to be deceived as if resemblance has been an issue of his own deception.

SECTION 29- “Document”-

1. Letter, figure or marks express matter (materialistic content like, terms and conditions) upon a substance (actual matter over which terms and conditions are made).
2. When those letter, figure or mark, is later on used as evidence, whether it is intently created to be evidence later on or not, is called document.

Highlight

• Immaterial facts-
  • Substance of document or
  • Means of expression (letter or figure or mark) or
  • Intent to create evidence, to be later on presented in Court of Justice.
• Writing expressing terms of contract, may be used as evidence of the contract, is document. For example-
  • Cheque upon a banker,
  • Power of attorney,
  • Map or plan, intended to be used as evidence,
  • Directions or instructions in writing.
• Letter or figure or marks, is deemed to be expressed for this Act, as what has been explained about it in the mercantile or other usage, whether it itself express it or not. Example- negotiable instrument is construed for “Pay to the holder” agenda, according to mercantile usage. So whether it is been mentioned over it or not, still be impliedly taken that way, for the purpose of this section also.

SECTION 29A-“Electronic record”- In accordance with section 2 (1) (t) of the Information Technology Act, 2000.

SECTION 30-“Valuable security”-

An alleged document which tends to acknowledge any person, of his legal liability against it or legal right, which is being created, extended, transferred, retreated, released or extinguished through it.

Highlight

• Example- bill of exchange, when endorsement intends to transfer the right within.
• Essential conditions of valuable security, is generating legal right or legal liability.
• Exception: “release” through document, because it asserts (declares) rights, not abandon (release) rights.
• Applicability under this Act: Offences against-
  • Human body (section 329- 331, 347, 348),
  • Property (section 420)
  • Documents (section 467, 471)
• Conflict of being valuable security OR not-
  • Unregistered document (which is not fully effective until registered), is not valuable security in strict sense but allegedly valuable security, so falls-
    • Under section 467 (forgery of valuable security) and
    • Even amounts to an offence of cheating depending upon the conduct.
  • Exception of section 467- An alleged document is a copy of valuable security.

SECTION 31-“A will”- A testamentary document.

Highlight

Comparing section 31, IPC with section 2(h) of Indian succession Act (39 of 1925).

‘Legal declaration, when testator intents to declare his desire regarding his property, to be carried into effect even after his death.

• Forgery of will- Liability under section 467, IPC.

SECTION 32- words referring to acts include Illegal omissions

• In code, words referring to ‘act’ done, also means of offender undergoing illegal omission.
• Exception- any contradictory intention of the circumstance.
• “act”- Under jurisprudence, any even subject to human will
• Act provides with-
  • Its origin in some mental or bodily activity of door,
  • Its circumstances and
  • Its consequences.
• Omission will be subject to code, if act committed will be illegal. But omission needs not to be intentional. That’s why, an intentional omission does not concern the code because then it would be a conscious illegal conduct.
• Conditional conduct:
  • Care:
    • Omission to take care is punishable, if there is duty to take care.
    • Exception- omission to ct with care is excused, if that act was product of ‘mental blackout’.
  • Volunteer:
    • Conduct not punishable if, influenced by: Fits or sleep walking

• Holmes said “an act is always a voluntary muscular contraction and nothing else”.

SECTION 33– “Act”, “omission”

1. “Act”- even involves series of acts, as single act.
2. “Omission”- even involves series of omissions, as single omission.

Highlight

1. A single positive act.
2. Series of acts.
3. Single illegal omission.
4. Series of illegal omissions.

SECTION 34– Acts done by several persons in furtherance of common intention

Criminal act conducted by several persons, with common intention to each of them, each of such person will be liable in the same manner, as of it has been conducted by him alone.

Highlights

Principle-

As the intention is common the liability should also be common

Relevant cases–

Ganesh singh V Ram Rafie (1869) S3 Bom. LR (Privycouncil) 44, 45

B.N.Sirkantiah V State, AIR 1958 SCD 672

Viswanth Sghanthamallappa Dhule V State of Karnataka , AIR 1998 SC 24

Nature of liability-

Liability of each one involved, as participation in the criminal act with common intention, not a liability as abettor (helper) but as a principal (authoritarian).

Relevant case- Nga Aung Thein, 1935 ILR 13 RANG (210)

Essentials-

2 essentials, absence of one could fail to prove a person guilty:

Participation in the act (participant of an offence)

Common intention.

Relevant cases-

Inderjity V State, 1986 CVr. LHJ 966(Del)

Dasrathal V State of Gujrat, 1979 Cr LJ 1078 (SC)Applicability of-

Applicability–

Importance of common intent:

The court has to take recourse(help) of this section even if not mentioned, when the assistant( attacker) is found to be involved with accused due to common intent.

Relevant case– Dhanna V State of Madhya Pradesh< AIR 1996 SC 2478

Cumulative effect:

If cumulative effect of injuries, seems sufficient as an ordinary course to cause death.

Relevant case– State of Assam V Siba Prasad Bora 1985 Cr LJ 43(Gau)

Labha singh V State of Punjab AIR 1998 SC 323

Pre-meeting of mind (common intent):

There must be pre-arranged plan and meeting of minds, such if it develops on the spot. So, to come up with their common intent, it is relevant to be bothered about accused preceding and following occurrence.

Relevant case– Domu Chopali V State 1986(2) Cr. LC 261(Orissa)

Heat of the moment conduct:

When accused, acted in heat of moment and was on bail for years, sentence reduced from (RI) Regorious Imprisonment of 3years to 1.5 years.

Relevant case– Rajendra Prasade V State of Bihar AIR 1987 SC 1335

Surrender, not sufficient:

If appellant surrenders along with accused before police, does not satisfy meeting of minds and so, section 34 cannot cover such situation.

Relevant case– Rangaswami V State of Tamil Nadu AIR 1989 SC 1137

Common intent of accused:

An offence committed is product of common intent of 2 or more accused, everyone is guilty.

Relevant case-State of Punjab V Surjit Singh AIR 1987 SC 1045

Accused guilt:

Conviction will justified if there is no inference except having an accused with guilt.

Relevant case– Basanti V State of Himachal Pradesh AIR 1987 SC 1572

Suspicion, is no proof:

Suspicion against accused, cannot take place of proof.

Relevant case– Basanti V State of Himachal Pradesh AIR 1987 SC 1572

Every accuse, indulge in overt act, not necessary:

To convict a person to vicarious liability under section 34 or 149, it is not necessary for them to indulge in overt act.

Relevant case– Rambilas Singh V State of Bihar AIR 1989 SC 1593

Common intent, at spurt (sudden or speedy) of moment:

Common intent is to establish, by processing their shared intention, even if it is result of spurt of the moment.

Relevant case- Maqsoodan V State of Uttar Pradesh AIR 1983 SC 126

Sharing of common intent–

Common intent gets inferred:

If second accused, secured the deceased and first accused stabbed him.

Relevant case-

Bachitar singh V State ( Delhi Administration) AIR 1998 SC 246

Some accused committed assault on deceased, all of accused cannot be held liable for conviction:

Relevant case– Dukhmochan Pandey V State of Bihar AIR 1998 S 40

Benefit of doubt–

Once intent proved, conduct of others not:

Intent of one accuse is proved, but others conduct is not yet proved. Benefit of doubt in such case reduced sentence to 5 years.

Relevant case– Ranapartap V State of Haryana, AIR 1983 SC 680

Witness’s description, doesn’t tally accused:

Accused lead the case, entered house, armed with gun, participated in murder of deceased.

Relevant case– Lokpal Sigh V State Madhya Pradesh AIR 1985 SC 891

Appellant’s involvement as participant in crime:

Appellant participation in crime, in manner that looted properties were distributed among them.

Relevant case-Mukund Kundu Mishjra V State of Madhya Pradesh AIR 1997 SC 2622

Evidence of eye witness, cannot prove participation in an offence and cannot be turned off under benefit of doubt:

All accused are acquitted as evidence of eye witness, did not prove their participation in the offense of murder. Main accused cannot be given benefit of doubt on the same grou8nd. Benefit of doubt cannot be given by proving an eye witness totally false and absolutely unreliable.

Relevant case– Jarnail singh V State of Punjab AIR 1996 SC 755

SECTION 35– when such an act is criminal by reason of it’s being done with a criminal knowledge or intention

Each of such persons who join in the act with such knowledge or intention is liability for the act in the same manner as if the act is done by him alone with the knowledge or intention.

SECTION 36– Effect caused partly by act and partly by omission

Where an offence is, when someone by an act or by an omission causing effect or attempt to cause that effect, in case, cause of effect or attempt to cause that effect is partly by an act and partly by an omission, it is even an offense.

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

SECTION 37– Co-operation by doing one of several acts constituting an offence.

Offence committed through several acts, wherever intentionally co-operates in commission of offences by doing any one of those act either singly or jointly with any other person, has said to commit that offence.

SECTION 38– Persons concerned in criminal act may be guilty of different offences.

When several persons are engaged or concerned in commission of criminal act, everyone could be guilt of different offences by means of that act.

Example:

A and B, killed Z; Under grave provocation that it would only amount to culpable homicide, will only be guilty of culpable homicide.

B- Having ill will towards Z and without any subject to provocation, killed Z, will be guilty of murder.

SECTION 39- ” Voluntarily”- A person is sad to cause an effect “voluntarily”-

• If he intended to cause it and
• At time of employing means, he knows or reasonable believe in causing it.

Highlight

Sense of guilt, of the cause, doesn’t matter if above give conditions are fulfilled.

SECTION 40- “Offence” –

Denotes a thing made punishable by this code;

Under section 64, 65, 66, 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 word ‘offence’, is this punishable under the special or local law is punishable under such law with imprisonment for a term of 6 months or upwards, whether with or without fine.

 SECTION 41– “Special law”- Applicable to a particular subject .

SECTION 42– “Local law”- applicable only to, particular part of India.

SECTION 43“Illegal”, “Legally bound to do”-

• “Illegal”- everything which is offensive, prohibited by law or furnished ground for a civil action.
• “Legally bound to do”- a person illegal to omit something, doesn’t matter what exactly.

SECTION 44– “Injury”-

 Any harm illegally caused to any person in-

• Body or
• Mind or
• Reputation or
• Property.

SECTION 45-” Life”-

Explained by word “Life”, as life of a human being is life unless anything contrary appears from the circumstances.

SECTION 46– “Death”-

Explained by word “Death”, as death of a human being is death unless anything contrary appears from the circumstances.

SECTION 47-“Animal”- Any living creature, other than human being.

SECTION 48– “Vessel”- Anything made for conveyance (process for transportation) of human being, or property by water.

SECTION 49-“Year”,”Month”- wherever the word “year” or “month” is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.

SECTION 50– “Section”- It denotes one of those portions of a chapter of this code which are distinguished by prefixed numeral figures.

SECTION 51-“Oath”-

It includes:

• A solemn affirmation substituted by law for an oath or
• 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 Court of Justice or not.

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

SECTION 52 A- “Harbor”

To evade apprehension, when a person is:

• Supplied with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance or
• Assisting with above mentioned things or not.