Law and You > Criminal Laws > Indian Penal Code > Sections 12 to 18 IPC
In the last article, we have studied Sections 11 of the IPC which defines the term “person”. When reading the code Chapter II on General Explanation and Chapter IV on General Exceptions are very important. Acceptance of satisfactory terminology is of the first importance for securing workable rules. The law must have the same meaning for all persons. All Acts contain an interpretation clause that defines and explains the leading terms used in the Act to avoid any mistake of meaning. It is necessary that a word that occurs more than once in the same Act must be given the same meaning throughout the Act. In this article, we shall study Sections 12 to 18 of IPC, which include definitions of the terms Public, Servant of Government, Government, India.
Section 12: Public:
The word “public” includes any class of the public or any community.
In Harnandan Lal v. Rampalak Mahato, PVC (1938) 18 Pat 76 case, the petitioner filed before the Sub-divisional Magistrate of Patna a complaint alleging that the opposite party had obstructed a public water channel. The opposite party denied the obstruction and further contended that the right claimed by the petitioner was not a public right. The question for consideration was whether the right of cultivators of using the channel for the purpose of irrigation can be said to be a public right within the meaning of Section 133, CrPC. Mohamad Noor, J. observed that the word “public” is not defined in the Criminal Procedure Code; but for the purposes of the Code, the definition given in the Indian Penal Code is to be adopted. Section 12, the Indian Penal Code, says that the word “public” includes any class of the public or any community. This definition is inclusive and does not define the word “public.” It only says that class of public or community is included within the term “public.” The number of persons claiming the right and the nature of the right itself will no doubt be the criteria on which conclusions may be arrived. The best criterion will be to see whether the right is vested in such a large number of persons as to make them unascertainable and to make them a community or class.
Section 13: Definition of Queen:
Repealed by the Adaptation of Laws Order 1950
Section 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.
For explanation refer to Section 21, on Public Servants.
Section 15: Definition of “British India” :
Repealed by the Adaptation of Laws Order 1937
Section 16: Definition of Government of India:
Repealed by the Adaptation of Laws Order 1937
Section 17: “Government”:
The word “Government” denotes the Central Government or the Government of a State.
In Ram Nandan v. State, 1959 CrLJ 128 All (FB) case, the appellant appealed against his conviction under Section 124-A, IPC for making an anti-Government speech, and sentencing him to imprisonment for three years. He also challenged the constitutionality of Section 124-A, I. P. C., pleading that its provisions have become void under Article 13 of the Constitution. The Court observed: “Article 12 provides that unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. The word “Government” is not defined anywhere; what is stated in Section 3(23) of the General Clauses Act is simply this that “Government” includes both the Central Government and the State Government. Articles 52 to 77 deal with the President and Vice-President, the Council of Ministers, and the Attorney-General for India. Article 77 is the first article under the heading “Conduct of Government Business” and lays down that all executive action of the Government of India shall be expressed to be taken in the name of the President. Similarly, Articles 153 to 165 deal with the Governor, the Council of Ministers, and the Advocate-General for a State; Article 166 is the first article under the heading “Conduct of Government Business” and provides that all executive action of the Government of a State shall be expressed to be taken in the name of the Governor. It is obvious that the word “Government” in Articles 77 and 165 means the executive machinery set up with the aid of Articles 53 to 76 and 153 to 165. The word “Government” is also used in other articles, such as 53(3), 58(2), 66(4), 73(1), 76(2), 102(1), 110(1), 112(1), etc. In all these articles “Government” means the executive machinery of the Union and of the States. It means the President acting with the advice of the Council of Ministers and the Governors acting with the advice of their Councils of Ministers It is the system of Government or the institution consisting of the President and the Governors acting with the advice of their Councils of Ministers and not the actual persons holding the offices of the President and Governors and the Ministers advising them. Security of the State must, therefore, mean the security of the system of Government in the Union and the States and not of the persons holding the offices of the President, the Governors, and the Ministers. The system of President continues though the person holding the office may change again and again. Similarly, the system of Governor continues even though different persons hold the office one after another. The system of Council of Ministers continues even though different persons become Ministers at different times.
In the Director of Rationing and Distribution v. Corporation of Calcutta, AIR 1960 SC 1355 case, the appellant was using certain premises in Calcutta for storing rice flour, etc. without taking out any license under s. 386(1)(a) of the Calcutta Municipal Act, 1923. The respondent filed a complaint against the appellant for contravention of S. 386(1)(a). The question was that whether Government can be prosecuted under criminal liability. The High Court held that the Government was bound by a statute unless the legislature excluded it expressly or by necessary implication. The Supreme Court held that Government is bound by criminal liability as an individual is.
Section 18: “India”:
“India” means the territory of India excluding the State of Jammu and Kashmir.
With the abrogation of Article 370 of the Constitution, the State of Jammu Kashmir is included in India.
Conclusion:
The definition given in Section 12 of IPC is inclusive and does not define the word “public.” It only says that class of public or community is included within the term “public.” The number of persons claiming the right and the nature of the right itself will no doubt be the criteria on which conclusions may be arrived. The best criterion will be to see whether the right is vested in such a large number of persons as to make them unascertainable and to make them a community or class.
The word “Government” denotes the Central Government or the Government of a State. The government is bound by criminal liability as an individual is.