3d. Every commissioned officer of the King's army, while serving under the Government of India;

4th. Every judge;

5th. Every officer of a court of justice, 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 of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court;

6th. Every juryman;

7th. Every arbitrator, to whom any cause has been referred by any court of justice;

8th. Every person who holds any office, by virtue of which he is empowered to place or keep any person in confinement;

9th. Every officer of police, 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;

10th. 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 report on any matter affecting the pecuniary interests of the Government, or to make, authenticate, to 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;

11th. Every officer, whose duty it is, as such officer, to take, receive, keep, or expend any property for any secular common purpose of any 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;

12th. Every person holding any situation, the holders of which have been declared to be public servants by an order of the Government of India, or of the Government of the presidency under which such situation is held.

Explanations. Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

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.

"

15. "Wrongful gain" is the gain of property to which the party gaining is not legally entitled. Wrongful loss" is the loss of property to which the party losing it is legally exitled. A party is said to gain wrongfully, when such party retains wrongfully, as well as when such party acquires wrongfully. A party is said to lose wrongfully, when such party is kept out of property wrongfully, as well as when such party is deprived of property wrongfully.

16. Whoever does any thing with the intention of causing wrongful gain to one party by means of wrongful loss, or risk of wrongful loss, to another party, is said to do that thing "fraudulently."

17. When property is put into the possession of a person's wife or servant, in trust for that person, it is put into that person's possession, if it was not before in his possession, and continues in his possession, if it was before in his possession.

18. Property in possession of a child under twelve years of age, of a lunatic, or of an idiot, if such child, lunatic, or idiot, be in the keeping of a guardian or guardians, is in the possession of such guardian or guardians.

19. Property is not said to be in the possession of any party other than a person.

Illustrations.

Property is not said to be in the possession of the Government of India, of the Government of Madras, of the Bank of Bengal, of the Agra Bank, of the Asiatic Society, but of the persons who are in trust for those parties.

20. A person is said to "counterfeit," who causes one thing to resemble another thing, intending to deceive by means of that resemblance.

Explanation. It is not essential to counterfeiting, that the imitation should be exact.

4

Illustration.

If the embellishment of a coin be a wreath of forty leaves, and the inscription be

King William," a person counterfeits that coin who, with the intention to deceive

by means of a resemblance, makes a wreath of thirty-nine leaves, and the inscription King Wiliam."

"

21. The word "document" is not used to denote any matter except matter, the whole or part whereof is in hand-writing, or is meant by the maker thereof to appear to be in hand-writing. Therefore, a printed hand-bill, or a lithographed letter, no part of which was meant by the engraver to be taken for manuscript, is not a "document:" but a single word, or a single letter, or significant mark, if that word, letter, or mark be in hand-writing, or be meant by the maker thereof so to appear, is a document, and is sufficient to make the whole of the matter connected therewith a document, and every part of that matter part of a document.

Illustratiom.

A promissory note, the whole of which is in print or copper-plate, excepting the signature, which is in hand-writing, is a document, and the part of the note which is in print or copper-plate, is part of the document.

22. 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 party acknowledges that such party lies under legal liability, or has not a certain legal right.

23. A statement is said to be "made under a sanction which is tantamount to an oath" in each of the three cases hereinafter described :

Ist. When it is made by one of the people called Quakers, on affirmation, received according to law, instead of an oath;

2dly. When it is made under the sanction of a declaration made according to law, by permission of an authority legally competent to require that an oath shall be taken to the same effect with such declaration;

3dly. When it is made after an admonition to speak the truth, which admonition has been given according to law by an authority legally competent to require that an oath to speak the truth shall be taken by the person so admonished.

24. The words "to do a thing" denote omissions, as well as acts.

Illustration.

Clause 67 contains the following general exception: "Nothing is an offence which a person does in consequence of being mad or delirious at the time of doing it." A, a gaoler, goes mad, and in consequence of his madness omits to supply his prisoners with food. The words "thing done by a person" apply to A's omission, and he has committed no offence.

25. The word " act" denotes as well a series of acts, as a single act; the word " omission" denotes as well a series of omissions, as a single omission. 26. A person is said to cause an effect "voluntarily" when he causes it by

means whereby he intended to cause it, or by means which, at the time of employing those means, he knew to be likely to cause it.

Illustration.

A sets fire by night to an inhabited house, in a large town, for the purpose of facilitating a robbery, and thus causes the death of a person. Here A may not have intended to cause death, and may even be sorry that death has been caused by his act; yet if he knew that he was likely to cause death, he has caused death voluntarily.

27. The word "offence" denotes a thing made punishable by this Code. 28. The word "illegal" is applicable to every thing which is an offence, or which is contrary to any direction of the 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.

29. The word "injury" denotes any harm whatever, illegally caused to any party in body, mind, reputation, or property.

30. The words "free consent" denote a consent given to a party who has not obtained that consent by directly or indirectly putting the consenting party in fear of injury.

31. The words "intelligent consent denote a consent given by a person who is not, from youth, mental imbecility, derangement, intoxication, or passion, unable to understand the nature and consequence of that to which he gives his consent.

32. The words " a person of Asiatic blood" denote a person whose father or mother, or grandfather or grandmother, was of Asiatic birth, and, as far as can be discovered, of pure Asiatic extraction.

33. The word "death" denotes the death of a human being, unless it be otherwise expressed.

34. The word "animal" denotes any living creature other than a human being.

35. The word "vessel" denotes any floating thing used for the conveyance by water of human beings, or of property.

36. Wherever the word "year" or the word "month" is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.

37. The word "clause" denotes one of those portions of this Code which are distinguished by prefixed numeral figures.

38. The word "herein-before" and the word "herein-after" relate to matter contained within the same clause in which these words occur.

39. Nothing which falls within any definition of an offence shall be construed as not being an offence because it does not fall within the title of the chapter containing that definition.

Illustration.

A illegally imports sugar from Bombay into Bengal. Here A is within the definition of the offence of smuggling, though A's act may not affect the public revenue, and though the chapter by which the offence of smuggling is made punishable is entitled "Of Offences relating to the Revenue."

CHAP. II.

OF PUNISHMENTS.

40. The punishments to which offenders are liable under the provisions of this Code are,

First, Death:

• The mode of inflicting, commuting, and remitting punishments, belongs to the law of procedure.

Secondly, Transportation :

Thirdly, Imprisonment, which is of two descriptions, viz. (1) Rigorous;
(2) Simple:

Fourthly, Banishment from the territories of the East-India Company:
Fifithly, Forfeiture of property:

Sixthly, Fine.

41. In every case in which sentence of death has been passed, the Government of the presidency within which the offender has been sentenced may, without the consent of the offender, commute the punishment for imprisonment of either description, or for banishment from the territories of the East-India Company, which imprisonment or banishment may be for life, or for any term.

42. In every case in which sentence of imprisonment for a term of seven years, or upwards, has been passed on any offender who is not both of Asiatic birth and of Asiatic blood, it shall be lawful for the Government of the presidency within which the offender has been sentenced, at any time within two years after the passing of such sentence, to commute the remaining imprisonment, without the consent of the offender, for transportation for a term not exceeding the unexpired term of imprisonment, to which may be added banishment for life, or for any term, from the territories of the East-India Company.

43. In every case in which sentence of rigorous imprisonment for a term of one year or upwards, or of imprisonment of any description for a term of two years or upwards, has been passed on any person who is not both of Asiatic birth and of Asiatic blood, it shall be lawful for the Government of the presidency within which the offender was sentenced, at any time before one-third of the imprisonment has been suffered, to commute the remaining imprisonment, without the consent of the offender, for banishment from the territories of the East-India Company, which banishment may be either for life or for any term.

44. In every case, the Government of the presidency within which an offender has been sentenced may, with the consent of the offender, commute the punishment for any other punishment provided by this Code, except death.

45. In every case, the Government of the presidency within which an offender has been sentenced may, at any time, remit the whole or any part of the punishment, without conditions, or on any conditions to which the offender has agreed.

46. In every case in which it is provided that an offender shall be punished with imprisonment of either description, it shall be competent to the Court which sentences such offender, to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

47. In calculating fractions of terms of imprisonment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty-four years.

48. In every case in which an offender is sentenced to forfeiture of all property, the sentence renders that offender incapable of acquiring any property except for the benefit of the Government.

Illustration.

A, for waging war against the Government of India, is sentenced to forfeiture of all his property. After the sentence, A's father dies, leaving an estate, which, but for the sentence of forfeiture, would become the property of A. The estate becomes the property of Government.

49. Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited.

50. In every case in which an offender is sentenced to a fine, unless he be also sentenced to death, to imprisonment for life, or to transportation for life, it shall be competent to the Court which sentences such offender to direct by the sentence, that in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced.

51. The term for which the Court directs the offender to be imprisoned in default of payment of a fine, shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

52. The imprisonment which the Court imposes in default of payment of a fine, may be of any description to which the offender might have been sentenced for the offence.

53. If the offence be not punishable with imprisonment as well as fine, the term for which the Court directs the prisoner to be imprisoned in default of payment of a fine, shall not exceed seven days, and the imprisonment shall be simple imprisonment.

54. The imprisonment which is imposed in default of payment of a fine, shall terminate whenever that fine is either paid, or levied by process of law.

55. If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Illustration.

A is sentenced to a fine of Rs. 100, and to four months' imprisonment, in default of payment. Here, if Rs. 75 of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If Rs. 75 be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If Rs. 50 of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If Rs. 50 be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.

56. The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence; and if under the sentence the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

57. Whenever any person, by doing any thing whereby he commits an offence falling under one penal provision of this Code, also commits an offence under another provision of this Code, the punishment shall not be cumulative, unless it be so expressly provided.

Illustration.

A strikes Z with violence, knowing it to be likely that he may thereby break Z's arm, and does break Z's arm. Here A commits an assault; he also, by the same act, commits the offence of voluntarily causing grievous hurt. But A is not liable to punishment both for assault and for voluntarily causing grievous hurt.

58. Where it is provided that punishment shall be cumulative, that provision does not authorize the combining in any case of the punishments provided by more than two penal provisions of this Code.

59. Where any thing which is an offence is made up of parts, any of which parts is in itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.