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Chapter II: General Explanations of the Indian Penal Code (IPC) contains explanations of terms and expressions used in the IPC. The Chapter has 49 sections, from Section 6 to Section 52A. Three sections (13, 15 and 16) have been repealed. ==Sections== Section 6 of the Indian Penal Code is titled "Definitions in the Code to be understood subject to exceptions". Section 6 states that throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in Chapter II entitled "General Exceptions", though these exceptions are not repeated in such definition, penal provision, or illustration. The section further lists two clauses (a) and (b) under the title "Illustrations". Clause (a) exempts children under the age of 7 from the IPC by stating that 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. Clause (b) states that if a police-officer, without warrant, apprehends an individual, who has committed murder then the officer is not guilty of the offence of wrongful confinement for he was bound by law to apprehend the individual 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".〔 〕 Section 7 of the IPC is titled "Sense of expression once explained". The section states that every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation. Section 8 of the IPC is titled "Gender". It clarifies that the pronoun "he" and its derivatives are used of any person, whether male or female. Section 9 of the IPC is titled "Number". It clarified that 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 of the IPC is titled "Man, Woman". It declared that 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 of the IPC is titled "Person". It states that the word "person" includes any Company or Association or body of persons, whether incorporated or not. Section 12 of the IPC is titled "Public". It declares that the word " public " includes any class of the public or any community. Section 13 was titled "Queen". The section was repealed by A.O. 1950.〔 Section 14 of the IPC is titled "Servant of Government". The section declares that the words "servant of Government" denote any officer or servant continued, appointed or employed in India or under the authority of Government. Section 15 and Section 16 of the IPC were titled "British India" and "Government of India" respectively. Both sections were repealed by A.O. 1937. Section 17 is titled "Government". It states that the word "Government " denotes the Central Government or the Government of a State. Section 18 is titled "India". It states that "India" means the territory of India excluding the State of Jammu and Kashmir.〔 Section 19 is titled "Judge". It states that the word "Judge " denotes not only every person who is officially designated 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 is 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. The section further lists four clauses (a) to (d) under the title "Illustrations". Clause (a) reads "A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge." Clause (b) reads "A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge." Clause (c) reads "A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge." Clause (d) reads "A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is not a Judge."〔 Section 20 is titled "Court of Justice". It states that the words "Court of Justice " denote 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. The section further lists one "Illustration", which reads "A panchayat acting under Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice." Section 21 is titled "Public Servant". It states that the words "public servant " denote a person falling under any of the descriptions hereinafter following; namely: — * Second — Every Commissioned Officer in the Military, Naval or Air Forces of India; * Third — Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; * Fourth — Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; * Fifth — Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant; * Sixth — Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; * Seventh — Every person who holds any office by virtue of which h e is empowered to place or keep any person in confinement; * Eighth — Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; * Ninth — Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to re port, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government ; * Tenth — Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of a ny village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; * Eleventh — Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; * Twelfth — Every person— * * (a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government; * * (b) in the service or pay of a local authority, a corpo ration established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1 956 (1 of 1956). Section 21 further lists one "Illustration", which reads "A Municipal Commissioner is a public servant." The section also contains 3 explanations. Explanation 1 clarifies that persons falling under any of the above descriptions are public servants, whether appointed by the Government or not. Explanation 2 states that wherever the words "public servant " occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. Explanation 3 declares that the word "election " denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election. Section 21 contains an additional Thirteenth description applicable only to the State of Rajasthan vide Rajasthan Act No. 4 of 1993, effective 11 February 1993. It reads, ""Thirteenth — Every person employed or engaged by any public body in the conduct and supervision of any examination recognised or approved under any law." It also contains an explanation which states that the expression "Public Body" includes a University, Board of Education or other body, either established by or under a Central or State Act or under the provisions of the Constitution of India or constituted by the Government; and a local authority.〔 Section 22 is titled "Movable property". It states that 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. Section 23 is covers "Wrongful gain", "Wrongful loss" and "Gaining wrongfully, losing wrongfully". It defines "Wrongful gain" as gain by unlawful means of property, which the person gaining is not legally entitled. "Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled. A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property as well as when such person is wrongfully deprived of property.〔 Section 24 is titled "Dishonestly". It states that 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". Section 25 is titled "Fraudulently". It states that a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. Section 26 is titled "Reason to believe". It states that a person is said to have "reason to believe" a thing, if he has sufficient cause to believe that thing but not otherwise. Section 27 is titled "Property in possession of wife, clerk or servant". It states that when property is in the possession of a person’s wife, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code. The section contains an explanation which reads " A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section."〔 Section 28 is titled "Counterfeit". It declares that 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. The section contains two explanations. Explanation 1 clarifies that it is not essential to counterfeiting that the imitation should be exact. Explanation 2 states 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.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Chapter II of the Indian Penal Code」の詳細全文を読む スポンサード リンク
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