2.In this Sanhita, unless the context otherwise requires,––
(1)“act” denotes as well a series of acts as a single act;
(2)“animal” means any living creature, other than a human being;
(3)“child” means any person below the age of eighteen years;
(4)“counterfeit”.––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 1.—It is not essential to counterfeiting that the imitation should be
exact.
•Explanation 2.—When a person causes one thing to resemble another thing,
•and the resemblance is such that a person might be deceived thereby, it shall be
•presumed, until the contrary is proved, that the person so causing the one thing to
•resemble the other thing intended by means of that resemblance to practise deception
•or knew it to be likely that deception would thereby be practised;
(5)“Court” means 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;
(6)“death” means the death of a human being unless the contrary appears from
•the context;
(7)“dishonestly” means doing anything with the intention of causing wrongful
•gain to one person or wrongful loss to another person;
(8)“document” means any matter expressed or described u
•pon any substance
•by means of letters, figures or marks, or by more than one of th
•ose means, and includes
•electronic and digital record, intended to b
•e used, or which may be used, as evidence
•of that matter.
•Explanation 1.—It is immaterial by what means or upon what substance the
•letters, figures or marks are formed, or whether the evidence is intend
•ed for, or may be
•used in a Court or not.
Definitions.
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Illustrations.
(a)A writing expressing the terms of a contract, which may be used as evidence
•of the contract, is a document.
(b)A cheque upon a banker is a document.
(c)A power-of-attorney is a document.
(d)A map or plan which is intended to be used or which may be used as evidence,
•is a document.
(e)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.
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 shall 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;
(9)“fraudulently” means doing anything with the intention to defraud but not
•otherwise;
(10)“gender”.—The pronoun “he” and its derivatives are used of any person,
•whether male, female or transgender.
Explanation.–– “transgender” shall have the meaning assigned to it in clause (k)
•of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;
(11)“good faith”.—Nothing is said to be done or believed in “good faith” which
•is done or believed without due care and attention;
(12)“Government” means the Central Government or a State Government;
(13)“harbour” includes 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 clause or not, to evade
•apprehension;
(14)“injury” means any harm whatever illegally caused to any person, in body,
•mind, reputation or property;
(15)“illegal” and “legally bound to do”.—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;
(16)“Judge” means a person who is officially designated as a Judge and includes
•a person,––
(i)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
•(ii) who is one of a body or persons, which body of persons is empowered
•by law to give such a judgment.
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Illustration.
•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;
(17)“life” means the life of a human being, unless the contrary appears from the
•context;
(18)“local law” means a law applicable only to a particular part of India;
(19)“man” means male human being of any age;
(20)“month” and “year”.––Wherever the word “month” or the word “year” is
•used, it is to be understood that the month or the year is to be reckoned according to
•the Gregorian calendar;
(21)“movable property” includes property of every description, except land
•and things attached to the earth or permanently fastened to anything which is attached
•to the earth;
(22)“number”.—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;
(23)“oath” includes a solemn affirmation substituted by law for an oath, and
•any declaration required or authorised by law to be made before a public servant or to
•be used for the purpose of proof, whether in a Court or not;
(24)“offence”.—Except in the Chapters and sections mentioned in
•sub-clauses (a) and (b), the word “offence” means a thing made punishable by this
•Sanhita, but––
(a)in Chapter III and in the following sections, namely, sub-sections (2),
(3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119,
•120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250,
•251, 259, 260, 261, 262, 263, sub-sections ( 6) and ( 7) of section 308 and
•sub-section (2) of section 330, the word “offence” means a thing punishable
•under this Sanhita, or under any special law or local law; and
(b)in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253
•and sub-section ( 1) of section 329, the word “offence” shall have the same
•meaning when the act punishable under the special law or local law is punishable
•under such law with imprisonment for a term of six months or more, whether
•with or without fine;
(25)“omission” denotes as well as a series of omissions as a single omission;
(26)“person” includes any company or association or body of persons, whether
•incorporated or not;
(27)“public” includes any class of the public or any community;
(28)“public servant” means a person falling under any of the descriptions,
•namely:—
(a)every commissioned officer in the Army, Navy or Air Force;
(b)every Judge including any person empowered by law to discharge,
•whether by himself or as a member of any body of persons, any adjudicatory
•functions;
(c)every officer of a Court including a liquidator, receiver or commissioner
•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
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•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 to perform any of such duties;
(d)every assessor or member of a panchayat assisting a Court or public
•servant;
(e)every arbitrator or other person to whom any cause or matter has been
•referred for decision or report by any Court, or by any other competent public
•authority;
(f)every person who holds any office by virtue of which he is empowered
•to place or keep any person in confinement;
(g)every officer of the 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;
(h)every officer whose duty it is, as such officer, to take, receive, keep or
•expend any property on behalf of the Government, or to make any survey,
•assessment or contract on behalf of the Government, or to execute any
•revenue-process, or to investigate, or to report, on any matter affecting the
•pecuniary interests of the Government, or to make, authenticate or keep any
•document relating to the pecuniary interests of the Government, or to prevent
•the infraction of any law for the protection of the pecuniary interests of the
•Government;
(i)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;
(j)every person who holds any office by virtue of which he is empowered
•to prepare, publish, maintain or revise an electoral roll or to conduct an election
•or part of an election;
(k)every person—
(i)in the service or pay of the Government or remunerated by fees or
•commission for the performance of any public duty by the Government;
•(ii) in the service or pay of a local authority as defined in clause (31)
•of section 3 of the General Clauses Act, 1897, a corporation established by
•or under a Central or State Act or a Government company as defined in
