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CHAPTER II.

GENERAL EXPLANATIONS.

6. Throughout this Code every definition of an offence, Definitions every penal provision, and every illustration of every such &c. subject

to excep definition or penal provision, shall be understood subject to the tions. exceptions contained in the chapter 2 entitled . General Exceptions,' though those exceptions are not repeated in such definition, penal provision, or illustration.

Illustrations. (a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age ?.

(6) 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 law to apprehend Z, and therefore the case falls within the general exception which provides that nothing is an offence which is done by a person who is bound by law to do it.

7. Exery expression which is explained in any part of this ExpresCode, is used in every part of this Code in conformity with the used in explanation 4

through8. The pronoun 'he' and its derivatives are used of

any

out.

Gender. person, whether male or female.

9. Unless the contrary appears from the context, words Number. importing the singular number include the plural number, and words importing the plural number include the singular number. 10. The word 'man' denotes a male human being of any • Man.'

"Woman.' age: the word 'woman' denotes a female human being of any age.

. Sec. 82.

not explained till sec. 350, is used in Sec. 76.

sec. 141 in conformity with that ex* Thus criminal force,' which is planation.

same sense

1 IV.

3

" Person.'

Public.'

"Queen.'

"Servant of the Queen.'

• British India.'

11. The word 'person' includes any Company or Association or body of persons, whether incorporated or not?

12. The word 'public' includes any class of the public or any community ?

13. The word · Queen' denotes the Sovereign for the time being of the United Kingdom of Great Britain and Ireland.

14. The words ' servant of the Queen' denote all officers or servants continued, appointed, or employed in India by or under the authority of the said Statute 21 & 22 Victoria, Chapter 106, entitled An Act for the better government of India,' or by or under the authority of the Government of India 3 or any Government 4.

15. The words British India' denote the territories which are or may become vested in Her Majesty by the said Statute 21 & 22 Victoria, Chapter 106, entitled · An Act for the better government of India,' except the Settlement of Prince of Wales' Island, Singapore, and Malacca.

16. The words Government of India' denote the Governor General of India in Council, or, during the absence of the Governor General of India from his Council, the President in Council, or the Governor General of India alone as regards the powers which may be lawfully exercised by them or him respectively.

17. The word Government' denotes the person or persons authorised by law to administer executive Government in any part of British India.

18. The word 'Presidency' denotes the territories subject to the Government of a Presidency.

19. 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

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1 Some words such as 'unless there is something repugnant in the subject or context'must be here supplied; for 'person'cannot have this meaning in secs. 56, 73, 84-87, 100, 105, 114, 137, 139, 141, 149-151, 153, 157, 159, 170, 192, 216, 220-225, 278, 282, 295,

297, 298, chap. xvi, secs. 490, 491, 497

This should be The words "the public” include' etc. : see secs. 117, 463, 477, 483, 484, 505.

Sec. 16.

4 Sec. 17.

--

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.

Illustrations. (a) A Collector exercising jurisdiction in a suit under Act X of 1859', is a Judge.

(6) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

(c) A member of a panchayat which has power, under Regulation VII. 1816? of the Madras Code, to try and determine suits, is a Judge.

(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge. 20. The words Court of Justice' denote a Judge who is 'Court of

Justice.' 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.

Illustration. A panchayat acting under Regulation VII. 1816 2 of the Madras Code, having power to try and determine suits, is a Court of Justice. 21. The words 'public servant' denote a person falling Public,

servant.' under any of the descriptions hereinafter following, namely

First.- Every Covenanted servant of the Queen;

Second.-Every Commissioned Officer in the Military or Naval Forces of the Queen while serving under the Government of India or any Government;

Third.-Every Judge 3;

Fourth.-Every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any 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 authorised by a Court of Justice to perform any of such duties;

* Repealed in the Lower Provinces, Repealed, Act III of 1873. Ben. Act VIII of 1869, in the N.W. Provinces, Act XVIII of 1873.

2

3 Sec. 19.

Sec. 29.

Fifth.Every juryman", assessor, or member of a pancháyat assisting a Court of Justice or public servant;

Sixth.—Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

Seventh.—Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

Eighth.—Every officer of 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 ;

Ninth.-Every officer whose duty it is, as such officer, to take, receive, keep, or expend any property on behalf of Government?, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate, or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;

Tenth.-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 tax for 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 the people of any village, town or district 3.

1 i Suth. Cr. 36.

2 Thus the náib názir of a collectorate is a public servant, 2 N.W.P. 298. But not the lessee of a village, though bound to keep accounts of its forestrevenues and give over a share of them to Government, 1 2 Bom. H. C. 4.

3 Indian legislatures have expressly included the following officers under the term 'public servant': Appraisers and bailiffs of Presidency Small Cause Courts (XV of 1882, s. 52); Coroners (IV of 1871, 8.5); Delegates of Pársi Matrimonial Courts (XV of 1865, 8. 23); certain Emigration officers

(XXI of 1883, 88. 16, 18; V of 1877, $. 50; Mad. Act V of 1866, s. 3); Forest officers (VII of 1878, s. 72; XIX of 1881, s. 71; Mad. Act V of 1882, s. 60); Indian Museum, servants and officers of (XXII of 1876, 8. 14); Judges and Assessors of Courts of Survey and Ship-surveyors (VII of 1880, s. 50); Managers of encumbered estates (XXIV of 1870, 8. 22; VI of 1876, S. 21; XIV of 1876, s. 32 ; XIV of 1877, 6. 33; Reg. IV of 1872, s. 33); Municipal Commissioners and their servants (XV of 1873, s. 25; VII of 1874, 8.

Illustration.
A Municipal Commissioner is a public servant '.

Explanation 1.-Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2.—Wherever the words 'public servant' occur, they shall be understood of 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 that situation ?. 22. The words 'moveable property' are intended to include 'Moveable

property.' corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth 3.

23. 'Wrongful gain' is gain by unlawful means of pro-'Wrongful perty to which the person gaining is not legally entitled 4.

gain.' Wrongful loss' is the loss by unlawful means of property Wrongful to which the person losing it is legally entitled 6.

loss.'

Ca. 64.

22; Mad. Act 1 of 1874; Bom. Act III of 1872, s. 51 ; Bom. Act VI of 1873, 8. 15); Officers &c. executing Warrants of Marine Court (V of 1883, 8. 14); Patwárís and Kánungos (XIX of 1873, B. 35); Pound-keepers (I of 1871, s. 6); Rangoon Port-commissioners, officers and servants (XV of 1879, s. 64); Registering officers (III of 1877, s. 84); Registrars of Muhammadan marriages (Ben. Act I of 1876, s. 25). Telegraph officers (XIII of 1885, s. 31) and railway servants (IV of 1879, s. 27) are also public servants, but only within the meaning of secs. 161-165 infra.

· But, semble, a municipal corporation, as distinct from its individual members, is not a public servant, 3 Cal. 760, 762.

* The following have been held not to be 'public servants:'

(a) A peon employed by the manager of an estate under charge of the Court of Wards, 7 Mad. 17.

(1) A labourer or menial servant etaployed to do work or labour on account of Government, 7 Mad. 18.

(e) A person appointed by the Gorernment solicitor, with the approval of Government, and under an arrangement made by the Governor. General in Council, to act as proseVOL. I.

н

cutor in the Calcutta Police Courts,
3 Cal. 497

(d) A supernumerary peon of the
Collector's Court, who received no
fixed pay from Government, but was
remunerated by fees whenever em-
ployed to serve any process, 7 Ben.
446: S. C. 16 Suth. 27.

(e) An engineer who receives and pays to others municipal moneys, though he has not power to sanction their expenditure, 6 Bom. H. C., Cr.

G) A poddar of a bank which carries
on the treasury-business of Govern-
ment, 4 Cal. 376.

(g) A mauzadár, 8 Suth. Cr. 67.
(h) A convict warder, 7 Suth, Cr.99.

3 This definition includes title.
deeds, bonds, bills and notes.

* The Code originally contained a chapter relating to gain by unlawful means of property to which the person gaining is legally entitled, as, for example, where A believing in good faith that Z owes him Rs. 100, in order to satisfy the debt takes property belonging to 2, not fraudulently, but under such circumstances that if he took it fraudulently he would be guilty of theft.

5 The deterioration of an article by use is not such a loss of property to

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