General Explanations under the Indian Penal Code, 1860 Section 6 to 20 of IPC

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                                                           Lecture No. 5 on IPC

                                                           

•Chapter II of Indian Penal Code 1860 deals with “General Explanations” consisting of Sections 6 to 52A.

•Section 6:- Definitions in the Code to be understood subject to exceptions:- Throughout this Code every definition of an offence, every penal provisions and every 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.

 Illustrations

a.The sections, in this code, which contain the definitions of offences, do not express that a child cannot commit such offences, but the definitions are to be understood subject to this general exceptions.[ Note:- This exceptions has been provided in Section 82 of IPC].

b.A , a police officer, without 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” [ Note:- This exception has been provided in Section 76 of IPC]. 

Section 7: Sense of expression once explained:- Every expression which is explained in any part of this code, is used in every part of this code in conformity with the explanation. 

                                   Lecture No. 6 on IPC 1860

  •Section 8:- Gender :- The pronoun “he” and its derivatives are used of any person whether male or female.

•Section 9:- 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.

•Section 10 :- “ Man” “ Woman” :-  The Word “ man” denotes a male human being of any age; and the word “ Woman” denotes a female human being of any age.

 •Section 11:- “ Person” :- The word “ person” includes any company or Association  or body of persons, whether incorporated or not.

•Section 12 :- “ Public” :- The words “public” includes any class of the public or any community.

•Section 13 :- "Queen" :- This word has been repealed from the Indian Penal Code from the year 1950.

•Section 14 :- “Servant of Government” :- The words “ Servant of Government” denotes any officer or servant continued, appointed or employed in India by or under the authority of Government.

                                          Lecture No. 7on IPC

  •Section 19: “Judge” : The words “ Judge” denotes not only every person who is officially designed as a Judge, but also every person-

       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

       who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

  Illustrations

a.A Collector exercising jurisdiction in a suit under Act 10 of 1859 is a Judge.

b.A Magistrate exercising jurisdiction in respect of a charge on he has power to sentence to fine or imprisonment, with or without appeal is a Judge.

c.A member of a Panchayat which has a power under Regulation VII of 1816 of the Madras Code, to try and determine suits, is a Judge.

d.A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trail to another Court is not a Judge.

Section 20 :- “Court of Justice” :- The words “ Court of Justice” denotes 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.

                                ILLUSTRATION

A Panchayat acting under Regulation VII 1816 of a Madras Code, having the power to try and determine suits, is a Court of Justice.

                                 Comments

When the Judges transact only administrative business, then they are not a Court of Justice.