5 important section of general

explanation

5 important section of general explanation

Section 21. “Public servant”.

Section 22. “Moveable property”.

Section 23. “Wrongful gain”.
“Wrongful loss”.
Gaining wrongfully/ Losing wrongfully.

Section 24. “Dishonestly”.

Section 25. “Fraudulently”.

21. “Public servant”.—The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely:—

first —omitted

Second.—Every Commissioned Officer in the Military, [Naval or Air] Forces

Third.—Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;

Fourth.—Every officer of a Court of Justice [(including a liquidator, receiver or commissioner)]

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, on 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]

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 election;

Twelfth.—Every person—

(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).]

22. “Movable property”.—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.

23. “Wrongful gain”.—“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

“Wrongful loss”.—“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.

Gaining wrongfully/Losing wrongfully.—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.

24. “Dishonestly”.—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”.

25. “Fraudulently”.—A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Also read – Define crime

Also Read –

Article 359

Section 84 of the Indian Penal Code

Winding up of company & legal provisions

Analysis of Foreign Trade Act

ONE PERSON COMPANY (OPC)

Director in company act

Section 34 & 149 of Indian Penal Code

Company law important point

NATURE AND CHARACTERISTICS OF A COMPANY