| Q.1- | What is general principle to interpret the definition of offence as defined by specific section? |
| Ans.- | It says that throughout this Code every definition of an offence, every penal provision, and every illustration or 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 respected in such definition, penal provision or illustration. |
| Q.2- | Whether general exception is automatic part of the definition of offence. |
| Ans.- | Yes. Section 6 of the Code provides that if the case of the accused falls within a general exception (Chapter IV of the Code) he is immune from criminal liability. It is not necessary to repeat in every section defining or punishing an offence that it is subject to Chapter IV. |
| Q.3- | What do you understand by the word ‘he’ used in IPC? |
| Ans.- | The word ‘he’ includes ‘she’. The pronoun ‘he’ and its derivatives are used of any person, whether male or female. |
| Q.4- | Who is person under IPC? |
| Ans.- | The word ‘person’ includes any company or association or body of persons, whether incorporated or not. The company and its director are also criminally liable in certain cases. |
| Q.5- | Who is public servant? Why we required knowing that who is public servant? |
| Ans.- | Public servant is every person who draw salary from government treasury including – armed force officers, judicial officers, jury man, etc and also any officer of Government company or nationalized bank or any officer declared by law. It is necessary to know in case of commission of corruption. |
| Q.6- | Whether Minister, MP and MLA are public servant? |
| Ans.- | Yes. They are public servant. |
| Q.7- | What about officers of nationalized bank and officers of cooperative society? |
| Ans.- | Officers of nationalized bank and LIC are public servant but officer of Cooperative society is not public servant under section 21 of IPC. |
| Q.8- | What do you understand by wrongful gain and wrongful loss? |
| Ans.- | “Wrongful gain” is gain by unlawful means of property to which the person losing it is legally entitled. On the other hand, “wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled. |
| Q.9- | Distinguish between dishonestly and fraudulently. |
| Ans.- | Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person is said to do that thin ‘dishonestly’. On the other hand, a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. |
| Q.10- | What do you mean by the term ‘voluntarily’? |
| Ans.- | A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to caused to cause it, or by means, at the time of employing those means, he knew or had reason to believe to be likely to cause it. |
| Q.11- | What do you understand by electronic record? |
| Ans.- | “Electronic Record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. |
| Q.12- | What do you understand by ‘act’ and ‘omission’? |
| Ans.- | 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. |
| Q.13- | What is meaning of ‘reason to believe’? |
| Ans.- | A person is said to have “reason to believe” a thing if he has sufficient cause to believe that thing but not otherwise. |
