The Government Officers' Indemnity Act, 1860
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The Government Officers' Indemnity Act, 1860
THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860 1*
[6th October, 1860.]CHAPTER IINTRODUCTIONCHAPTER IINTRODUCTIONPreamble.-WHEREAS it is expedient to provide a general Penal Code for 2*[India];It is enacted as follows:--1.Title and extent of operation of the Code.1. Title and extent of operation of the Code.--This Act shall be called the Indian Penal Code, and shall 3*[extend to the whole of India 4*[except the State of Jammu and Kashmir]].2.Punishment of offences committed within India.2. Punishment of offences committed within India.--Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within 5*[India] 6****.3.Punishment of offences committed beyond, but which by law may be tried within, India.3. Punishment of offences committed beyond, but which by law may be tried within, India.--Any person liable, by any 7*[Indian law], to be tried for an offence committed beyond 5*[India] shall be dealt with according to the provisions of this Code for any act committed beyond 5*[India] in the same manner as if such act had been committed within 5*[India].4.Extension of Code to extra-territorial offences.8*[4. Extension of Code to extra-territorial offences.--The provisions of this Code apply also to any offence committed by--9*[(1) any citizen of India in any place without and beyond India;(2) any person on any ship or aircraft registered in India wherever it may be.][See footnote 1 for this section]Explanation.Explanation.--In this section the word "offence" includes every act committed outside 1*[India] which, if committed in 1*[India] would be punishable under this Code.2*[Illustration]3***A, 4*[who is 5*[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 1*[India] in which he may be found.6* * * * *5.Certain laws not to be affected by this Act.7*[5. Certain laws not to be affected by this Act.--Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provision of any special or local law.]CHAPTER IIGENERAL EXPLANATIONSCHAPTER IIGENERAL EXPLANATIONS6.Definitions in the Code to be understood subject to exceptions.6. Definitions in the Code to be understood subject to exceptions.--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 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 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 done by child under seven years of age.(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".7.Sense of expression once explained.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.8.Gender.8. Gender.--The pronoun "he" and its derivatives are used of any person, whether male or female.9.Number.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.10."Man". "Woman".10. "Man". "Woman".--The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age.[See footnote 2 for this section]11."Person".11. "Person".--The word "person" includes any Company or Association or body of persons, whether incorporated or not.12."Public".12. "Public".--The word "public" includes any class of the public or any community.13.[Definition of "Queen".] Rep. by the A. O. 1950.14."Servant of Government".1*[14. "Servant of Government".--The words "servant of Government" denote any officer or servant continued, appointed or employed in India by or under the authority of Government.]15.[Definition of "British India".] Rep. by the A. O. 1937.16.Definition of "Government of India".] Rep., ibid.17."Government".2*[17 "Government".--The word "Government" denotes the Central Government or the Government of a 3****State.]18."India".4*[18. "India".--"India...See the full content of this document
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