Counterfeit, Document, Valuable Security, Act and omission, Person, Offence, Illegal, Oath, Wrongful gain & wrongful loss, Dishonestly. Explain the terms as used in IPC

Question: Counterfeit, Document, Valuable Security, Act and omission, Person, Offence, Illegal, Oath, Wrongful gain & wrongful loss, Dishonestly. Explain the terms as used in IPC

Find the answer to the mains question only on Legal Bites. [Counterfeit, Document, Valuable Security, Act and omission, Person, Offence, Illegal, Oath, Wrongful gain & wrongful loss, Dishonestly. Explain the terms as used in IPC.]

Answer

Counterfeit

Section 28 of IPC defines Counterfeit as 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 provides that it is not essential to counterfeiting that the imitation should be exact.

Explanation 2 provides that 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.

Document

Section 29 of IPC defines Document as: 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.

Explanation 2: Whatever is expressed by means of letters, figures or marks as explained by mercantile or another 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.

Valuable Security

Section 30 of IPC defines Valuable security as The words “valuable security” denote 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. Illustration A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”.

Act and omission

Section 33 of IPC defines Act and Omission as: The word “act” denotes as well a series of acts as a single act and the word “omission” denotes as well a series of omissions as a single omission.

Person

Section 11 of IPC defines Person as: The word “person” includes any Company or Associa­tion or body of persons, whether incorporated or not.

Offence

Section 40 of IPC defines Offence as: The word “offence” denotes a thing made punishable by this Code or under any special or local law as hereinafter defined.

Illegal

Section 43 of IPC defines Illegal as: 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.

Oath

Section 51 of IPC defines Oath as: The word “oath” includes a solemn affirmation sub­stituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not.

Wrongful gain & wrongful loss.

Section 23 of IPC defines Wrongful gain as: “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled. A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully.

Dishonestly

Section 24 of IPC defines dishonestly as: Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person is said to do that thing “dishonestly”.

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