6. 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.
The sections in this Code which contain definitions of offences, do not express, that a child under 7 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 7 years of age”.
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”.
[Indian PC 1860, s. 6]
7. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.
[Indian PC 1860, s. 7]
8. The pronoun “he” and its derivatives are used of any person, whether male or female.
[Indian PC 1860, s. 8]
9. 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.
[Indian PC 1860, s. 9]
10. The word “man” denotes a male human being of any age; “woman” denotes a female human being of any age.
[Indian PC 1860, s. 10]
11. The word “person” includes any company or association or body of persons, whether incorporated or not.
[Indian PC 1860, s. 11]
12. The word “public” includes any class of the public or any community.
[Indian PC 1860, s. 12]
17. The word “Government” includes any person lawfully performing executive functions of the Government under any law.
119. 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, if 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.
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.
Officers holding an inquiry as to the loss of a ship under the Merchant Shipping Act (Cap. 179) are judges.
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.
[Indian PC 1860, s. 19]
1 There are no sections 13 to 16 and 18
20. 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.
[Indian PC 1860, s. 20]
21. The words “public servant” denote a person falling under any of the following descriptions:
every officer in the Singapore Armed Forces;
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 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 authorised by a court of justice to perform any of such duties;
every assessor assisting a court of justice or public servant;
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;
every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
every officer of 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;
every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;
[Deleted by Act 51 of 2007]
Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2.—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.
[Indian PC 1860, s. 21]
22. 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.
Writings, relating to real or personal property or rights, are movable property.
[Indian PC 1860, s. 22]
23. “Wrongful gain” is gain by unlawful means of property to which the person gaining it is not legally entitled; “wrongful loss” is loss by unlawful means of property to which the person losing it is legally entitled.
Explanation .—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.
[Indian PC 1860, s. 23]
24. 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.
[Indian PC 1860, s. 24]
25. A person is said to do a thing fraudulently if he does that thing with intent to defraud, but not otherwise.
[Indian PC 1860, s. 25]
26. A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing, but not otherwise.
[Indian PC 1860, s. 26]
27. When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.
Explanation .—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.
[Indian PC 1860, s. 27]
28. 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.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—Where 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.
[Indian PC 1860, s. 28]
29. The word “document” includes, in addition to a document in writing —
any map, plan, graph or drawing;
any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;
any disc, tape, sound-track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;
any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them.
[CPC 1985 Ed., s. 378(3)]
29A. The word “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.
29B. The expression “electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88).
[Indian PC 1860, s. 29A]
—(1) 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.
(2) Notwithstanding the generality of subsection (1), “valuable security” includes credit cards, charge cards, stored value cards, automated teller machine cards and such other cards which have money or money’s worth or other financial rights attached.
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”.
[Indian PC 1860, s. 30]
31A. For the purposes of Chapters XII and XVIII —
“die” includes any plate, type, tool, chop or implement and also any part of any die, plate, type, tool, chop or implement, and any stamp or impression thereof or any part of such stamp or impression;
“instrument” includes any document whether of a formal or an informal nature, any postage stamp or revenue stamp, any seal or die, and any disc, card, tape, microchip, sound-track or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means.
[HK Crimes Ordinance 1971, s. 68]
32. In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
[Indian PC 1860, s. 32]
33. 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.
[Indian PC 1860, s. 33]
34. When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone.
[Indian PC 1860, s. 34]
35. Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
[Indian PC 1860, s. 35]
36. Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z . A has committed murder.
[Indian PC 1860, s. 36]
37. When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
A and B agree to murder Z, by severally, and at different times, giving him small doses of poison. A and B administer the poison, according to the agreement, with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence, though their acts are separate.
A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for 6 hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder; but as A did not co-operate with B, A is guilty only of an attempt to commit murder.
[Indian PC 1860, s. 37]
38. Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.
[Indian PC 1860, s. 38]
39. 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 or had reason to believe to be likely to cause it.
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 this act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.
[Indian PC 1860, s. 39]
—(1) Except in the Chapters and sections mentioned in subsections (2) and (3), “offence” denotes a thing made punishable by this Code.
(2) In Chapters IV, V and VA, and in sections 4, 71, 187, 194, 195, 203, 204B, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, “offence” denotesa thing punishable under this Code or under any other law for the time being in force.
41. An offence described in this Code or in any written law for the time being in force as being punishable with imprisonment for a specified term or upwards includes an offence for which the specified term is the maximum term of imprisonment.
42. The word “obscene”, in relation to any thing or matter, means any thing or matter the effect of which is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
[UPA 1998 Ed., s. 3]
43. The word “illegal” or “unlawful” is applicable to every thing 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 or unlawful in him to omit.
[Indian PC 1860, s. 43]
44. The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
[Indian PC 1860, s. 44]
45. The word “life” denotes the life of a human being, unless the contrary appears from the context.
[Indian PC 1860, s. 45]
46. The word “death” denotes the death of a human being, unless the contrary appears from the context.
[Indian PC 1860, s. 46]
47. The word “animal” denotes any living creature, other than a human being.
[Indian PC 1860, s. 47]
48. The word “vessel” denotes anything made for the conveyance by water of human beings, or of property.
[Indian PC 1860, s. 48]
49. Wherever the word “year” or “month” is used, it is to be understood that the year or the month is to be reckoned according to the Gregorian calendar.
[Indian PC 1860, s. 49]
50. The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.
[Indian PC 1860, s. 50]
51. The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised 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.
[Indian PC 1860, s. 51]