Sunday, 11 February 2018

Pakistan Penal Code (PPC) - Movable property

Pakistan Penal Code (PPC)
Movable property

The words "movable property" are intended to include corporeal property of every description, except land and thing attached to the earth, or permanently fastened to anything which is attached to the earth.

Pakistan Penal Code (PPC) - A Municipal Commissioner is a public servant

Pakistan Penal Code (PPC)
Illustration
A Municipal Commissioner is a public servant
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.
Explanation 3: 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.

Pakistan Penal Code (PPC) - "Public servant

Pakistan Penal Code (PPC)
"Public servant
The words "public servant" denotes a person falling under any of the descriptions herein after following, namely. First: [Omitted by the Federal Laws (Revision and Declaration) Ordinance, XXV// of 1981].
Second: Every Commissioned Officer in the Military, Naval or Air Forces of Pakistan while serving under the Federal Government or any Provincial Government;
Third: Every Judge;
Fourth: 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 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 he 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 report, or 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, and every officer in the service or. pay of the Government or remunerated by fees or commission for the performance of any public duty;
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 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.
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 elections.

Pakistan Penal Code (PPC) - Court of Justice

Pakistan Penal Code (PPC)
Court of Justice

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.

Pakistan Penal Code (PPC) - Illustrations

Pakistan Penal Code (PPC)
Illustrations
(a) [Omitted by the Federal Laws (Revision & Declaration Ordinance, XXV// of 1981].
(b) A Magistrate exercising jurisdiction in. respect of a charge on which he has power tosentence to fine or imprisonment with or without appeal, is a Judge.
(c) [Rep. by the Federal Laws (Revision and Declaration) Act 1951 (26 of 1951), Section 3 and 11, Schedule].

(d) [Omitted by the Federal Laws (Revision & Declaration Ordinance, XXVII of 1981],

Pakistan Penal Code (PPC) - Judge

Pakistan Penal Code (PPC)
Judge
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 Judgment.

Pakistan Penal Code (PPC) - "Government"

Pakistan Penal Code (PPC)
"Government"
The word "Government" denotes the person or persons authorized by law to administer executive Government in Pakistan, or in any part thereof.

18. Definition of Presidency: [Rep. by AO., 1937].

Pakistan Penal Code (PPC) - Servant of the State

Pakistan Penal Code (PPC)
Servant of the State
The words "servant of the State" denote all officers or servants continued/appointed or employed in Pakistan, by or under the authority of the- Federal Government or any Provincial Government.
15. Definition of British-India '.[Rep. byA.0., 1937].

16. Definition of "Government of India": [Rep. by AO. 1937].

Pakistan Penal Code (PPC) - "Public"

Pakistan Penal Code (PPC)

"Public"
The word "Public" includes any class of the public or any community.
13. Definition of "Queen": [Omitted by A. 0., 1961, Art. 2 and Sched. (w.e.f. the 23rd

March, 1965).

Pakistan Penal Code (PPC) - "Person"

Pakistan Penal Code (PPC)
"Person"

The word "person" includes any Company or Association, or body of persons, whether incorporated or not.

Pakistan Penal Code (PPC) - "Man" & "Woman

Pakistan Penal Code (PPC)
"Man"; "Woman

The word "man" denotes a male human being of any age; the words "woman" denotes a female human being of any age.

Pakistan Penal Code (PPC) - Number

Pakistan Penal Code (PPC)

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.

Pakistan Penal Code (PPC) - Gender

Pakistan Penal Code (PPC)
Gender

The pronoun "he" and its derivatives are used of any person, whether male or female.
Pakistan Penal Code (PPC)

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.

Pakistan Penal Code (PPC) - Illustrations

Pakistan Penal Code (PPC)

Illustrations
(a) The section in this Code, which contain definitions of offences, , do not express that a child under seven years of age cannot commit such offence; 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.
(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 genera) exception ' which provides that "nothing is an offence which is done by a person who is bound by law to do it."