Theoretical overview
Chapter II of the Indian penal code,1860 contains the general explanations of the concepts which are contained in the whole code. The sole purpose of this chapter is to give a better understanding of the terms used in this code so that it can be applied and understood accordingly
Section 6-52A consists of the general explanation. However, every explanation is not important to be discussed but there are certain definitions which needs to be looked upon.
The very first section of this chapter states that the definitions in the code needs to be understood with subject to the exception present in chapter III of the code. In simple words, it says that the exception is no repeated in the code after its every parent act. One should need to consider these exceptions while applying a particular section for the offence.
The term judge needs to be understood. This term is often confused with the person who sits in the court and pass judgement, but in reality, it’s not the whole definition of a judge. A judge can be any person who is empowered by law to give in any legal proceeding, civil or criminal, a definitive judgement or who is one of the body of persons, which is empowered by law to give such judgement. Therefore, a collector exercising its jurisdiction, a magistrate or a member of panchayat is a judge. However, a magistrate, who has power only to commit for trial, is not a judge.
The term wrongful gain which means any gain by unlawful means of property to which the person gaining is not legally entitled is important to be understood for the offences relating to property.
To evaluate an intention, the term dishonestly is very important. It means whoever done anything with the intention of gaining wrongful gain to one person, is said to do that thing “dishonestly”
Act and omission are an important element of crime. Act means a series of acts as well as a single act. Likewise, the term omission also includes series of omissions.
Section 34 needs to be understood to form the group liability for an offense. It states the act done in furtherance of common intention. Every person, who either actively participated or not, is liable for the offence committed as if, he himself done it.
Injury, the fourth element of crime can be of body, reputation, mind or property which must be illegally caused
Relevant sections
- Section 19 – it defines a judge- A judge can be any person who is empowered by law to give in any legal proceeding, civil or criminal, a definitive judgement or who is one of the body of persons, which is empowered by law to give such judgement. Therefore, a collector exercising its jurisdiction, a magistrate or a member of panchayat is a judge. However, a magistrate, who has power only to commit for trial, is not a judge.
- Section 23 – wrongful gain, which means any gain by unlawful means of property to which the person gaining is not legally entitled
- Section 24 – “dishonestly”. It means whoever done anything with the intention of gaining wrongful gain to one person, is said to do that thing “dishonestly”
- Section 34 – acts done in furtherance of common intention.
- Section 44 – “injury”. It can be of body, reputation, mind or property which must be illegally caused.
Points to remember
- Chapter II of the Indian penal code,1860 contains the general explanations
- The sole purpose of this chapter is to give a better understanding of the terms used in this code so that it can be applied and understood accordingly