Most Important Definitions With Explanation Of PPC

 Most Important Definitions with Explanation of PPC

1 Judge U/S 19

     According to Section 19 following Persona are Judge

I-Person officially designated as judge,

II-Person legally empowered to give a definite judgment,

III-Body of Persons empowered by law.

   2-Public Servant

          Following Persons are Public Servant

I-Every Commissioned Officer in

                  A-Military

                  B-Naval

                  C-Air Force of Pakistan,

II-Every Judge

III-Every Officer of the Court of Justice whose duty to make, authenticate, keep any document or to take or disposed of any property or to execute any judicial order.

IV-Every Jury man, Assessor or member of Punchayat.

V-Every Arbitrator or other person to whom any cause or matter has been referred for dicision.

VI-Every person who hold office by virtue of which he has empowered to Replace or keep any person in confinement.

VII-Certain person assisting a court of justice to prevent ot give information of offence or bring offence to justice.

VIII-Any government officer performing any of the duty.

IX-Person Conducting Election

X-Certain officer of the government to take, receive, expand any property or to make any survey assessment.

3-Movable Property

           Corporeal property of any description except,

                       A-Land

                       B-Things attached to land

                       C-Things permanently fastened to anything

                            Attached to land.

4-Wrongful Gain and Wrongful Loss U/S 23

     Wrongful gain means gain by unlawful means of property to which the person Gaining is not legally entitled,

Wrongful loss means loss by unlawful means of property of

which person losing is legally entitled.

5-Dishonestly U/S 24 Cross Reference section 23

Whoever does anything with intention of causing wrongful

gain to one person or wrongful loss to another person is said

to do that thing dishonestly.

6-Fraudulently U/S 25

    A Person is said to do a thing fraudulently if he does that

     Thing with intend to defraud not otherwise.

     Defraud means Deceitful and injury to person deceived.

7-Reason to Believe U/S 26

   A Person is said to have “Reason to Believe” a thing if he has

Sufficient cause to believe that thing but not otherwise.

8-Counterfeit U/S 28

   A Person is said to be “Counterfeit” who causes one thing to

   Resemble another thing with intention or knowledge to

Practice deception deceive another person.

9-Documents U/S 29

   The word document denote any matter expressed or described

   Upon any substance by means of, letter, figure, marks, or more

   Than one of these means intended to be use or which maybe

   Uses as evidence of that means.

                            Examples-------

                                 Video cassette

                                         Photography

                                         Tape recorder

                                         Movie film

                                         Agreement to sell

                                         Will.

9-Valuable Security U/S 30

The word Valuable Security denote a document which or Purport to be a document whereby any legal right is

Created,

Extended,

Transferred,

Restricted,

Released, OR

Whereby any person acknowledge that he lies under legal liability or has not a certain legal right.

                          Examples

                                A rent note

                                Deed of divorce

                                Account Books

                                Power of attorney

10-Voluntarily U/S 39

A person is said to cause an effect Voluntarily when he causes it,

By means where he intended to cause

By means which at that time of employing those means he knows or had reason to believe to be likely to cause it.

11-Illegal U/S 43

The word illegal is applicable to everything

Which is an offence

Which is prohibited by law

Which furnishes ground for a civil action and a person to be legally bound to do whatever ot os illegal to him to omit.

12-Vessel U/S 48

Anything made for the conveyance by water of human being or of property.

13-Oath U/S 51

Any solemn affirmation substituted by law for a Oath

14-Good Faith U/S 52

Nothing is said to be done or believed in good faith which is done pr believed without due care and caution.

15-Abutment U/S 107

A person abets the doing of a thing, who

Firstly, Instigates any person to do that thing OR

Secondly, Engages with one or more other person or persons in any conspiracy for doing of that thing OR

Thirdly, Intentionally aid

By an Act or illegal Omission  the doing of that thing

16-Criminal Conspiracy U/S 120-A

When two or more persons agree to do or cause to be done,

An illegal act OR

An Act which is not illegal by illegal means such an agreement is designated a criminal conspiracy,

Exception

No agreement except an agreement to commit an offence shall amount to criminal conspiracy.

17-Unlawful Assembly U/S 141

An Assembly of Five or more Persons is designated an Unlawful Assembly if the Common object of that assembly is,

Firstly, Overraw by criminal force or show of criminal force to federal or provincial government or legislature or any public servant in exercise lawful power of such public servant.

Secondly, To resist the execution of any legal law or of any legal process

Thirdly, To commit any mischief or criminal trespass or other offence

Fourthly, By means of criminal force or show of criminal force to any person to take or obtain possession of property or to deprive any person of enjoyment of right of way or of use of water 9tlr other incoporeal right of which he is in possession or enjoyment

Fifthly, By means of criminal force

To compel any person to do what he is not legally bound to do

To omit any person to do what he is legally entitled to do

18-Rioting U/S 146

Whenever force or violence is used by an unlawful assembly Or by any member thereof

In prosecution of common object of such assembly

Every member of such assembly is guilty of the offence of Rioting

19-Common Object U/S 149

If an offence is committed by any member of an unlawful assembly in prosecution of Common Object of that assembly OR

Such as member of that assembly knew to be likely to be committed in prosecution of that Object

Every person who at time of committing of that offence is a member of that assembly is guilty of that offence.

20-Common Intention U/S 34

When criminal action is done by several persons in furtherance of Common Intention of all, each of such person is liable for that act in the same manner as if it was done by him alone.

21-Affray U/S 159

When two or more persons by fighting in a public place disturb the public peace they are said to commit Affray.

Giving False Evidence U/S 191

Whoever being legally bound by an oath OR

By an express provision of law to state truth OR

Being bound by law to make a declaration upon any subject

Make any statement which is false and which he neither knows or believe to be false or does not believe to be true is said to give false evidence.

22-Public Nuisance U/S 268

A person is guilty of a public Nuisance

Who does an Act or is guilty of illegal Omission

Which causes any Common injury, danger, annoyance to the public or people in general

Who dwell or occupy property in vicinity OR

Which must necessarily cause injury

Who may have occasion to use public right.

23-Definition U/S 299

I- Adult

Adult means a person who has lost attain the age of eighteen year

II- Arsh

Arsh means compensation specified to be paid to victim or his legal heirs

III- Daman

Daman means compensation determined by the court to be paid by the offender to the victim for causing hurt not liable to Arsh.

IV- Diyat

Diyat means compensation u/s 323 which is (Not less than 30630 gram Silver) payable to heir of victim.

V- Ikrah-e-tam

Means putting any person, his spouse or any blood relation,

Within the degree of marriage,

In fear of instant death or instant permanent impairing of any organ of the body OR

Instant fear of being subject to sodomy or Zina bil Jabar.

Ikrah-e-naqis

Means any form duress which does not amount to ikrah-e-tam.

VI- Minor

Minor means a person who is not Adult

VII- Qatl

Means causing death of a person

VIII- Qisas

Qisas means punishment by causing

Similar hurt at the same part if body

M of the convict as he causes victim

Death if he has committed qatl amd in exercise of right of victim or wali

IX- Tazir

Tazir means punishment other than Qisas, Arsh, Diyat, Daman

X- Wali

Wali means a person entitled to claim Qisas.