General Explanation Section 29 to 33 of Indian Penal Code 1860

 

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Lecture No. 13 of IPC

Section 29: 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.

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.

 ILLUSTRATION

. A Writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.

.  A cheque upon a banker is a document.

.  A  power- of – attorney is a document.

.  A map or plan which is intended to be used or which may be used as evidence, is a document.

.  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 usages, shall be deemed to be expressed by such letters, figures or marks within the meaning of this, 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 endorsements, as explained by the mercantile usages, 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.

Section 29-A Electronic Record“ 

The words “ electronic record” shall have the meaning assigned to them in clause (t) of sub-section(1) of Section 2 of the Information Technology Act, 2000.”

                                Comments

As per Section 2(1) (t) of I.T. Act 2000, “ Electronic Record” means data record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.

Lecture No. 14 on IPC 1860

Section 30: Valuable Security

“ The words “ Valuable Security” denotes a document which is or purports to be, a document whereby any legal right is 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.”

Comment

•The term “ valuable security” applies to original document and not to a copy.

•A copy of a valuable security is not a valuable security.

•Accounts books containing entries not signed by a party are not “Valuable Security.”

ILLUSTRATION

A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right of the bill to any person who may become to the lawful holder of it, the endorsement is a “valuable security”.

Section 31 : A Will :- The words “ a will” denotes any testamentary document.

                            Comments

1.A will is a testamentary document.

2.It takes effect after the death of the testator.

3.It is always revocable by the testator.

4.Section 2(b) of the Indian Succession Act, 1925 defines ‘”Will” as ‘ the legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death.”

5.It occurs in Section 467 and 477 of the code.

Lecture No. 15 on IPC 1860

Section 32: Words referring to acts include illegal omissions:- In every part of this code,
except where a contrary intention appear from the context, words which refers to acts done
extend also to illegal omissions.
                                                           Comments
Act :- Act includes an illegal omission also. Act means something voluntarily done by a person. It includes writing and speaking also.
Omission :- The word “Omission” is generally used in the sense of intentional non- doing of a thing by a person is duty bound to do that thing. Only such omissions are made punishable by the code which cause or are intended to cause or are likely to cause certain evil effect. 

Section 33 :-  “ Act”, “ Omission” :-  The word “act” denotes as well a series of acts as a single act; the word “ omission” denotes as well as series of omissions as a single omission.