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Wrongful A person is said to gain wrongfully when such person retention.
retains wrongfully, as well as when such person acquires Being 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 honestly
wrongful gain to one person, or wrongful loss to another
person, is said to do that thing dishonestly 1.' • Fraudu. 25. A person is said to do a thing fraudulently if he does lently.'
that thing with intent to defraud, but not otherwise.
• Reason to 26. A person is said to have 'reason to believe' a thing, believe.'
if he has sufficient cause to believe that thing, but not otherwise 3.
Property 27. When property is in the possession of a person's wife, in
posses. sion of
clerk, or servant, on account of that person, it is in that wife, clerk, person's possession within the meaning of this Code 4. or servant.
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. · Counter- 28, A person is said to counterfeit,' who causes one thing feit.'
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,
the owner, and the wrongful beneficial
7 All. 404.
express or implied, see Markby, $s 691, 765; Holland, p. 193.
3 Thus a sane man has 'reason to believed that omission to nourish his infant daughter must, in the ordinary course of nature, cause her death, 5 N. W. P. 47.
* • Property in the possession of a young child or of a lunatic, if such child or lunatic be in the keeping of a guardian, may be deemed to be in the possession of the guardian. ...
or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter 1.
, 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 check upon a banker 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.
Illustration. 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.
pp: 55, 56.
A man's goods are in his posses
360. See more as to possession, supra, sion, not only while they are in his house or on his premises, but also 1 A writing which is not legal eviwhen they are in a place where he dence of the matter expressed may may usually send them (as when yet be a document' if the parties borses and cattle feed on common framing it believed it to be, and in
or in a place where they may tended it to be, evidence of such be lawfully deposited by him, as if matter, 2 Ben. App. Cr. 13. he buries money or ornaments in his ? A settlement of accounts in writown land, or puts them in any other ing in the handwriting of the prisoner, EECTEt place of deposit,' M. & M. 334, though not signed by any person
Illustration. 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
may become the lawful holder of it, the endorsemeut is a ‘valuable security.'
31. The words 'a will’denote any testamentary document ?.
Acts in- 32. In every part of this Code, except where a contrary clude illegal
intention appears from the context, words which refer to acts omissions. done extend also to illegal omissions.
Act.' 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
34. When a criminal act is done by several persons in done by several in
furtherance of the common intention of all?, each of such further- persons is liable for that act in the same manner as if it were ance of
done by him alone 3. common intention. When such 35. Whenever an act, which is criminal only by reason of act is
its being done with a criminal knowledge or intention, is done criminal by being by several persons, each of such persons who joins in the act done with criminal
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.
Effect caused 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.
Illustration. A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating 2. Å has committed murder.
37. When an offence is committed by means of several
comes within this definition (2 Mad.
e. g. a codicil. The General
Clauses Act (I of 1868), which, how ever, does not apply to the Penal Code, includes in 'will'every writing making a voluntary posthumous disposition of property.
* Ben. Supp. Vol. p. 443 (S. C. 5 Suth. Cr. 45).
3 See sec. 117.
acts, whoever intentionally co-operates in the commission of doing one that offence by doing any one of those acts, either singly or
of several jointly with any other person, commits that offence. .
an offence. Illustrations. (a) A and B agree to murder 2 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 2. 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.
(6) 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 Ž'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) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegally omits to supply 2 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 2 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.
38. Where several persons are engaged or concerned in the Several
persons commission of a criminal act, they may be guilty of different persmit
commitoffences 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 2, and intending to kill him, and not having been subject to the provocation, assists A in killing 2. 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 · Volun- . he causes it by means whereby he intended to cause it, or by
tarily.' means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration. 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.
• Illegal.' 43. The word 'illegal' is applicable to everything which
' Legally is an offence, or which is prohibited by law, or which furnishes bound
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