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Wrongful A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully wrongfully. A person is said to lose wrongfully when such kept out of person is wrongfully kept out of any property, as well as property. when such person is wrongfully deprived of property.
24. 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 1.'
25. A person is said to do a thing fraudulently if he does that thing with intent to defraud 2, but not otherwise.
'Reason to 26. A person is said to have 'reason to believe' a thing, if he has sufficient cause to believe that thing, but not otherwise 3.
in possession of
27. When property is in the possession of a person's wife, clerk, or servant, on account of that person, it is in that wife, clerk, person's possession within the meaning of this Code *.
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 section.
28. A person is said to counterfeit,' who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Explanation. It is not essential to counterfeiting that the imitation should be exact.
29. 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 matter1.
Explanation 1.-It is immaterial by what means, or upon what substance, the letters, figures, or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.
A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
A check upon a banker is a document.
A map or plan which is intended to be used, or which may be used as evidence, is a document.
A writing containing directions or instructions is a document. Explanation 2.-Whatever is expressed by means of letters, figures, or marks, as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures, or marks within the meaning of this section, although the same may not be actually expressed.
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words 'pay to the holder,' or words to that effect, had been written over the signature.
30. The words 'valuable security' denote a document which 'Valuable is, or purports to be, a document whereby any legal right is security.' created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right 2.
A man's goods are in his possession, not only while they are in his house or on his premises, but also when they are in a place where he may usually send them (as when horses and cattle feed on common land); or in a place where they may be lawfully deposited by him, as if he buries money or ornaments in his own land, or puts them in any other secret place of deposit,' M. & M. 334,
360. See more as to possession, supra,
1 A writing which is not legal evi-
2 A settlement of accounts in writing in the handwriting of the prisoner, though not signed by any person
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 the lawful holder of it, the endorsement is a 'valuable security.'
31. The words 'a will' denote any testamentary document1.
32. In every part of this Code, except where a contrary intention appears from the context, words which refer to acts omissions. done extend also to illegal omissions.
33. The word 'act' denotes as well a series of acts as a 'Omission.' single act the word omission' denotes as well a series of omissions as a single omission.
Act done by
several in furtherance of
When such act is
34. When a criminal act is done by several persons in furtherance of the common intention of all 2, each of such persons is liable for that act in the same manner as if it were done by him alone 3.
35. Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by being by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the intention. same manner as if the act were done by him alone with that knowledge or intention.
partly by act and
partly by omission.
36. 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.
A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
37. When an offence is committed by means of several
of several acts con
acts, whoever intentionally co-operates in the commission of doing one that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
(a) A and B agree to murder Z by severally, and at different times, giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(c) 4, a jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegally omits to supply Z with food in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his
office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death, Z dies of hunger. B is guilty of murder; but as A did not co-operate with B, A is guilty only of an attempt to commit murder.
stituting an offence.
38. Where several persons are engaged or concerned in the Several commission of a criminal act, they may be guilty of different Port offences by means of that act.
act may be guilty of A attacks Z under such circumstances of grave provocation that different his killing of Z would be only culpable homicide not amounting to offences. murder. B, having ill-will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.
39. A person is said to cause an effect voluntarily,' when 'Volunhe 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.
bound to do.'
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 have intended 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.
40. Except in the chapter and sections mentioned in clauses two and three of this section, the word 'offence' denotes a thing made punishable by this Code.
In chapter IV and in the following sections, namely, sections 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' denotes a thing punishable under this Code, or under any special or local law as hereinafter defined:
And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word 'offence' has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine 2.
41. A special law' is a law applicable to a particular subject 3.
42. A 'local law' is a law applicable only to a particular part of British India 4.
43. 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.
44. The word 'injury' denotes any harm whatever ille