IPC — Chapter 2: General Explanations

Throughout this Code every definition of an Offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or illustration.

Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the Explanation.

The pronoun “he” and its derivatives are used for any person, whether male or female.

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 word “man” denotes a male human being of any age; The word “woman” denotes a female human being of any age.

The word “person” includes any Company or Association or body of persons, whether incorporated or not.

The word “public” includes any class of the public or any community.

[Repealed by the A. O. 1950]

The words “servant of Government” denote any officer or servant continued, appointed or employed in India by or under the authority of Government.

Repealed by A. O. 1937.

Repealed ibid.

The word “Government” denotes the Central Government or the Government of a State.

“India” means the territory of India excluding the State of Jammu and Kashmir.

The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person. who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely:

The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

“Wrongful gain”: Wrongful gain is gain by unlawful means of property to which the person gaining is not legally entitled. “Wrongful loss”: Wrongful loss is the loss by unlawful means of property to which the person losing it is legally entitled. “Gaining wrongfully”: A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. “Losing wrongfully”: A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise.

When property is in the possession of a person’s wife, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.

A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

The words “electronic record” shall have the meaning assigned to them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000.

The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or who hereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

The words “a will” denote any testamentary document.

In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

The word “act” denotes as well as series of acts as a single act: the word “omission” denotes as well a series of omissions as a single omission.

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 done by him alone.

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 the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

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 effect partly by an act and partly by an omission is the same offence.

When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.

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 of employing those means, he knew or had reason to believe to be likely to cause it.

Except in the Chapters and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing made punishable by this Code.

A “special law” is a law applicable to a particular subject.

A “local law” is a law applicable only to a particular part of India.

The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit.

The word “injury” denotes any harm whatsoever illegally caused to any person, in body, mind, reputation or property.

The word “life” denotes the life of a human being, unless the contrary appears from the context.

The word “death” denotes the death of a human being unless the contrary appears from the context.

The word “animal” denotes any living creature, other than a human being.

The word “vessel” denotes anything made for the conveyance by water of human beings or of property.

Wherever the word “year” or the word “month” is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.

The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.

The word “oath” includes a solemn affirmation substituted by law for an oath, and 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 a Court of Justice or not.

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

Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.