Indian Penal Code 1872 –
1. Wrongful gain (Sec 23): Wrongful gain is gain by unlawful means of property to which the person gaining is not legally entitled.
2. Wrongful loss (Sec 23): Wrongful loss is the loss by unlawful means of property to which the person losing it is legally entitled.
3. Gaining wrongfully, losing wrongfully (Sec 23): 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.
4. Dishonestly (Sec 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".
5. Fraudulently (Sec 25): A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
6. Forgery (Sec 463): Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to tender into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
7. Making a false document (Sec 464): A person is said to make a false document -
First- who dishonestly or fraudulently makes, signs, seals, or
executes a document or part of a document or makes any mark denoting the
execution of a document, with the intention of causing it to be believed that
such document or part of a document was made, signed, sealed or executed by or
by the authority of a person by whom or by whose authority he knows that it was
not made, signed, or executed, or at a time at which he knows that it was not
made, signed, sealed or executed; or
Secondly- who, without lawful authority,
dishonestly or fraudulently, by cancellation or otherwise, alters a document in
any material part thereof, after it has been made or executed either by himself
or by any other person, whether such person be living or dead at the time of
such alteration; or who, dishonesty or fraudulently causes any person to sign,
seal, execute or alter a document, knowing that such person of unsoundness of
mind or intoxication cannot, or that by reason of deception practiced upon him,
he does not know the contents of the document or the nature of the alteration.
Thirdly- Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic or to affix his digital signature on any electronic record knowing that such persons by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration.
8. Criminal breach of trust (Sec 405) : Whoever, being in any manner entrusted with property, or with any dominion over property, dishonesty misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust".
9. Cheating ( Sec 415) : Whoever, by deceiving any person, fraudulently or dishonesty induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he was not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".
10. Cheating by personation (Sec 416): A person is said to cheat by personation, if he cheats by pretending to be some other person or by knowingly substituting one person, for another, or representing that he or any other person is a person other than he or such other person really is.
11. Theft (Sec 378): Whoever intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to such taking is said to commit theft.
12. Criminal force (Sec 350): Whoever intentionally uses force to any person without that person's consent, in order to the committing of any offence or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
13. Assault (Sec 351): Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
14. Falsification of accounts (Sec 477A): Whoever, being a clerk, Officer or servant, or employed or acting in the capacity of a clerk, Officer or servant, wilfully and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, paper writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years or with fine or with both.
15. Defamation (Sec
499): Whoever by words
either spoken or intended to be read or by signs or by visible representations makes
or publishes any imputation concerning any person intending to harm, or knowing
or having reason to believe that such imputation will harm the reputation of
such person, is said, except in the case hereinafter excepted, to defame that
person.
Explanation 1: It may amount to
defamation to impute anything to a deceased person, if the imputation would
harm the reputation of that person, if living and is intended to be hurtful to
the feelings of his family or other near relatives.
Explanation 2: It may amount to
defamation to make an imputation concerning a company or an association or
collection of persons as such.
Explanation 3: An imputation in the form
of an alternative or expressed ironically, may amount to defamation.
Explanation 4: No imputation is said to harm a person's reputation, unless that imputation directly or indirectly in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally Considered as disgraceful.
Evidence Act, 1872
1. Fact: - "Fact" means and includes
a) anything, state of
things, or relation of things capable of being perceived by the senses;
b) any mental condition of which any person is conscious.
2. Relevant: - One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
3. Fact of issue: - The expression "facts in issue" means and includes any fact from which, either by itself or in connection with other facts, the existence, nonexistence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
4. Document: - "Document" means any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means intended to be used, or which may be used, for the purpose of recording the matter.
5. Evidence: - "Evidence" means and includes
a) all statements which the Court
permits or requires to be made before it by witness, in relation to matters of
fact under Enquiry; such statements are called oral evidence;
b) all documents produced for the inspection of the Court; such documents are called documentary evidence.
6. Proved: - A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.
7. Disproved: - A fact is said to be disproved when, after considering the matters before it, the court either believes that it does not exist, or considers its nonexistence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.
8. Not proved: - A fact is said not to be proved when it is neither proved nor disproved.
Oral evidence
9. Proof of facts by oral evidence: - All facts, except the contents of documents, may be proved by oral evidence.
10. Oral evidence must be direct:- Oral evidence must, in all cases whatever, be direct; that is to say if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; If it refers to an opinion or to the grounds on which that opinion is held it must be the evidence of the person who holds that opinion on those grounds.
Documentary Evidence
11. Proof of contents of documents: The contents of documents may be proved either by primary or by secondary evidence.
12. Primary evidence: Primary evidence means the document itself produced for inspection of the Court.
13. Secondary evidence: Secondary evidence means and includes
a) Certified copies given under the
provisions hereafter contained;
b) Copies made from the original by
mechanical process which in themselves insure the accuracy of the copy, and
copies compared with such copies;
c) Copies made from or compared with the
original;
d) Counterparts of documents as against
the parties who did not execute them;
e) Oral accounts of the contents of a document given by some person who has himself seen it.
14. Burden of proof. "Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
15. On whom burden of proof lies: The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side or Witness:
16. Who may testify: All person shall be competent to
testify unless the Court considers that they are prevented from understanding
the questions put to them, or from giving rational answers- to those questions,
by tender years, extreme old age, disease, weathered body or mind, or any other
cause of the same kind.
Explanation: A lunatic is not incompetent to testify unless he is prevented by his ligancy from understanding the questions put him and giving rational answers to them.
17. Number of witnesses: No particular number of witnesses shall in any case be required for the proof of any fact.
Note: A witness is neither an accomplice nor anything analogous to an accomplice but an ordinary witness. As a general rule, court may act upon the testimony of such solitary witness without corroboration or Examination of Witnesses.
18. Examination-in-chief: The examination of a witness by the party who calls him shall be called his examination-in-chief.
19. Cross-examination: The examination of a witness by the adverse party shall be called his cross-examination.
20. Re-examination: The examination of a witness, subsequent to the cross examination by the party who called him shall be called his re-examination.
21. Order of examination: Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. Cross Examination need not be confined to the facts to which the witness testified on his examination- in-chief.
22. Direction of re-examination: The re-examination shall be directed to the explanation of matters referred to in cross-examination; and if new matter is, by permission of the Court, introduced re-examine upon the matter.
23. Cross-examination of person called to produce a document: A person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unless and until he is called as a witness.
24. Witness to character: Witnesses to character may be cross-examined and re-examined.
25. Leading questions: Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.
26. When they must not be asked: Leading questions must not, if objected to by the adverse party, be asked in examination-in-chief, or in a re-examination, except with the permission of the Court.
27. Leading Questions: The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
28. When they may be asked: Leading questions may be asked in cross examination.
29. When witness may use copy of document to refresh Memory: Whenever a witness may refresh his memory by referring to any document, he may, with the permission of the Court, refer to a copy of such document.
Provided the Court be satisfied that there is sufficient reason for the production of the original. An expert may refresh his memory by reference to professional treaties.
30. Questions lawful in
cross-examination: When
a witness is cross-examined, he may, in addition to the questions here in
before refereed to, be asked any questions which tend
a) to test his veracity,
b) to discover who he is and what is his
position in life, or
c) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to incriminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture.
Prevention of Corruption Act, 1988
Sec 2 (c) “Public
Servant” means
(ix) Any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or State Government or from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in Section 617 of the Companies Act, 1956;
Sec 7. Public servant taking gratification other than legal remuneration in respect of an official act: Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in Clause (c) of Section 2, or with any public servant, whether named or otherwise shall, be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.
Explanation.—
(a) “Expecting to be a public servant”: If a person not expecting to be in
office obtains a gratification by deceiving others into a belief that he is
about to be in office, and that he will then serve them, he may be guilty of
cheating, but he is not guilty of the offence defined in this section.
(b) “Gratification: The word “gratification” is not
restricted to pecuniary gratification or to gratifications estimable in money.
(c) “Legal remuneration”: The word “legal remuneration” is not
restricted to remunerations which a public servant can lawfully demand but
include all remuneration which he is permitted by the Government or the Organisation,
which he serves, to accept.
(d) “A motive or reward for doing”: A person who receives a gratification
as motive or reward for doing what he does not intend or is not in a position to
do, or has not one, comes within this expression;
(e) Where a public servant induces a person erroneously to believe that his influence with the Government has obtained a title for that person and thus induces that person to give the public servant, money, or any other gratification as a reward for this service, the public servant has committed an offence under this section.
Sec 13. Criminal
misconduct by a public servant:
(1) A public servant is said to commit the offence of criminal misconduct,—
(a) If he habitually accepts or obtains
or agrees to accept or attempts to obtain from any person for himself or for
any other person any gratification other than legal remuneration as a motive or
reward such as is mentioned in Section 7; or
(b) If he habitually accepts or obtains
or agrees to accept or attempts to obtain for himself or for any other person,
any valuable thing without consideration or for a consideration which he knows
to be inadequate from any person whom he knows to have been, or to be, or to be
likely to be concerned in any proceeding or business transacted or about to be
transacted by him or having any connection with the official functions of
himself or of any public servant to whom he is subordinate, or from any, person
whom he knows to be interests in or related to the person so concerned; or
(c) If he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or
(d) If he,—
(i) By corrupt or illegal means, obtains
for himself or for any other person any valuable thing or Pecuniary advantage;
or
(ii) By abusing his position as a public
servant, obtains for himself or for any other person any valuable thing or
pecuniary advantage; or
(iii) While holding office as a public
servant, obtains for any person any valuable thing or pecuniary advantage
without any public interest; or
(e) If he or any person on his behalf,
is in possession or has, at any time during the Period of his office, been in
possession for which the public servant cannot satisfactorily account, of
pecuniary resources or property disproportionate to his known sources of
income.
Explanation.— (1) For the purposes of this section “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance, With the provisions of any law, rules or orders for the time being applicable to public servant.
Sec. 17 A Previous sanction of inquiry or investigation:
(1) No police officer
shall conduct any enquiry or inquiry of investigation into any offence alleged
to have been committed by a public servant under this Act, where alleged
offence is relatable to any recommendation made or decision taken by such public
servant in discharge of his official functions or duties, without the previous approval
-
(a) in the case of a person who is or
was employed, at the time when the offence was alleged to have been committed,
in connection with the affairs of Union, of that Government;
(b) in the case of a person who is or
was employed, at the time when the offence was alleged to have been committed,
in connection with the affairs of a State, of that Government;
(c) in the case of any other person, of the authority to competent to remove him from his office, at the time when the offence was alleged to have been committed
Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself of for any other person :
Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.
Sec.19. Previous sanction necessary for prosecution:
(1) No court shall take
cognizance of an offence punishable under Sections 7, 10, 11, 13 and 15 alleged
to have been committed by a public servant, except with the previous sanction,—
(a) In the case of a person who is
employed in connection with the affairs of the Union and is not removable from
his office save by or with the sanction of the Central Government, of that
Government;
(b) In the case of a person who is
employed in connection with the affairs of a State and is not removable from
his office save by or with the sanction of the State Government, of that
Government;
(c) In the case of any other person, of the authority competent to remove him from his office.
(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.
(3) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 —
(a) No finding, sentence or order passed
by a Special Judge shall be reversed or altered by a Court in appeal,
confirmation or revision on the ground of the absence of, or any error,
omission, irregularity in, the sanction required under sub-section (1), unless
in the opinion of that court, a failure of justice has, in fact, been
occasioned thereby;
(b) No court shall stay the proceedings
under this Act on the ground of any error, omission or irregularity in the
sanction granted by the authority, unless it is satisfied that such error,
omission or irregularity has resulted in a failure of justice;
(c) No court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in inquiry, trial, appeal, or other proceedings.
(4) In determining under sub-section (3) whether the absence of, or any error, omission, or irregularity in, such sanction has occasioned or resulted in a failure of justice the Court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.
Explanation: for the
purposes of this section,—
(a) Error includes competency of the
authority to grant sanction;
(b) A sanction required for prosecution
includes reference to any requirement that the prosecution shall be at the
instance of a specified authority or with the sanction of a specified person or
any requirement of a similar nature.
OPEN - CCA Rules - References (open)
