The Indian Penal Code 1860-General Explanations

    Edited by: Vaani Garg


    Throughout this Code every definition of an offence, penal provision and illustration of every such definition or penal provision shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or illustration.
    (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.
    (b) A police officer, without a 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.”


    “Person”.—The word “person” includes any Company or Association or body of persons, whether incorporated or not.


    “Public”.—The word “public” includes any class of the public or any community.


    “Servant of Government” —The words “servant of government” denote any officer or servant
    servant continued, appointed, or employed in India by or under the authority of government.


    “Government”—The word “Government” denotes the Central Government or the government
    of a State.


    “India”—“India” means the territory of India excluding the State of Jammu and Kashmir.


    “Judge”—The word “Judge” denotes not only every person who is officially designated as a
    Judge, but also every person.


    “Movable property”—The words “movable property” are intended to include corporeal
    property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.


    “Document”—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 matter.


    Words referring to acts include illegal omissions—In every part of this Code, except where a
    contrary intention appears from the context, words which refer to acts done extend also to illegal


    Act”, “Omission”—The word “act” denotes a series of acts as a single act; the word
    “omission” denotes a series of omissions as a single omission.


    “Voluntarily”—A person is said to cause an effect “voluntarily” when he 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.

    A sets a fire at 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.


    “Offence”.—Except in the 2 [Chapters] and sections mentioned in clauses 2 and 3 of this section,
    the word “offence” denotes a thing made punishable by this Code.