Legal Definitions: Animals, Children, Counterfeit

Animal

• The term "animal" refers to any living creature except human beings.
• This law applies only to humans, not animals.

Child

• A “child” is defined as any person under the age of eighteen.
• This definition is not provided in the Indian Penal Code (IPC), so it's important to refer to the Juvenile Justice (Care and Protection of Children) Act.
• Prior to 2024, the JJ Act was referenced, however an amendment occurred where individuals 15-16 are tried as adults if the punishment is 7 years or more for heinous crimes..
• This amendment is a result of the Nirbhaya case and a recommendation made by the J Verma Committee.
• The severity of the crime is a key factor in determining punishment.

Counterfeit (Sec 28 IPC)

• Counterfeiting involves creating a resemblance to another thing with the intention of deceiving.
• The resemblance does not need to be identical.
• The intention to deceive is a key mental element, even if someone is not actually deceived.
• Possession of counterfeit goods is also punishable.
• Intention is not a necessity in possession cases.
• There is a presumption of intention, unless proven otherwise.
• Having counterfeit currency is sufficient to hold someone liable under the IPC or BNS.
• If a person can lawfully demonstrate source of counterfeit possession, it is not an offense.

Possession

• Possession does not require a mental element or intention.
• Knowledge is presumed.
• Possession implies one is partaking in the act of circulation.

Death (Sec 46 IPC)

• Death refers to the death of a human being, unless the context suggests otherwise.

Dishonestly (Sec 46 IPC)

• Dishonestly means doing something with the intention of causing wrongful gain to someone or wrongful loss to another.
• It is defined based on the concepts of wrongful gain and wrongful loss, as per Sec 24, 23(1), 23(2) and 23(3) of IPC.

Wrongful Gain (Sec 23 para 1 IPC)

• Wrongful gain refers to obtaining property illegally.
• The person obtaining the property isn't legally entitled to it.

Wrongful Loss (Sec 23 para 2 IPC)

• Wrongful loss refers to losing property illegally.
• The person losing the property is legally entitled to it.

Gaining Wrongfully and Losing Wrongfully (Sec 23 para 3 IPC)

• Gaining wrongfully can be through acquiring or retaining property illegally.
• Losing wrongfully can be through being wrongfully kept out of property or being wrongfully deprived of it.

Movable Property (Sec 22 IPC)

• "Movable property" encompasses all types of property except land and things attached to it permanently.
• "Land" refers specifically to the soil, while "things attached to the earth" include buildings, structures, trees, etc.
• Things attached to the earth can be severed from the land, which then makes them movable property.
• When items like soil, stones, and minerals are separated from the land, they become movable property subject to laws governing theft.

Public Servant

• The term "public servant" is defined within the context of Sec 14 IPC.
• The IPC has its own definition for "government servant" which is not incorporated into BNS.
• Any government servant is a public servant. The opposite is not true..
• The government can be either state or central.
• Examples of government servants include individuals working in the government (like those from the UPSC or state public service exams, ministers of transport)
• Public servants include MLAs and MPs.
• The Governor and President are not servants because they are the heads of the executive branch and thus represent the "government."
• Ministers without portfolios are public servants.

Government Servant In IPC

• Government servants are appointed, employed, or maintained by the government.
• There is no specified duration as per government policy.
• They operate under the authority of the government.
• They receive pay and salaries from the government.
• They follow government policies with no deviations.

2(28)(k)- Public Servant In BNS

• This clause serves as a litmus test for identifying public servants - either:
  • They are paid by the government or a government authority (including government companies and PSUs), OR
  • They work for a local authority (inclusive of government companies and PSUs).
• This definition broadens the concept of "public servant".

Pardon, Remission, or Commutation

• Constitutional power under Articles 72/161 overrides statutory powers in Sections 432, 433, 433A of the IPC, as well as those under Sec 54 and 55.
• Convicts do not have a fundamental right to remission or shorter sentences.
• Granting a pardon is not a reversal of a conviction but rather an executive action that mitigates or sets aside the punishment.
• Sections 54 and 55 give rights to the government for commutation.

Govt. of NCT Delhi v. Prem Raj

• It was upheld that the government is legally able to commute life sentences as per Sections 54, 55 and 55A of the IPC.

Sher Singh v. State of Punjab

• It was established that delays in executing death sentences should factor into a decision to commute or not.

Shatrugna Chauhan, Triveni Ben and Afzal guru cases

• No remission will be given for offenses against the state.

Nawab Singh v. State of UP

• Any individual has the right to approach the government under Sections 54 and 55.
• However, states should not proactively initiate this process.

Life Imprisonment

• Life imprisonment equals rigorous imprisonment for the remainder of the convict's life.

Devendra Singh Bhuller and Mahendra Das Case

• This case focused on commuting a death sentence. It considered:
  • The effect of delays on individuals sentenced to death.
  • Reasons for these delays, and whether they were justifiable or not.
• It highlights that the nature of certain crimes cannot be mitigated due to delays, while other crimes call for commutation because of the resulting mental anguish and health deterioration caused by prolonged delays.
• Ultimately, death penalty and its commutation require a case-by-case assessment.
• Commutation was granted in this case.

Fracions of imprisonment terms

• When calculating fractional terms of punishment, life imprisonment is equivalent to 20 years, unless specified otherwise.