Explanation 2. Wherever the words ―public servant‖ occur, they shall be understood of every
person who is in actual possession of the situation of a public servant, whatever legal defect there
may be in his right to hold that situation.
1[Explanation
3. The word ―election‖ denotes an election for the purpose of selecting members
of any legislative, municipal or other public authority, of whatever character, the method of selection
to which is by, or under, any law prescribed as by election.]
22. ―Moveable property‖. The words ―Moveable property‖ are intended to include corporeal
property of every description, except land and thing 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.
26. ―Reason to believe‖. A person is said to have ―reason to believe‖ a thing if he has sufficient
cause to believe that thing but not otherwise.
27. Property in possession of wife, clerk or servant. When property is in the possession of a
person's wife, clerk or servant, on account of that person, it is in that person's possession within the
meaning of this Code.
Explanation. A person employed temporarily or on a particular occasion in the capacity of a
clerk, or servant, is a clerk or servant within the meaning of this section.
28. ―Counterfeit‖. A person is said to ―counterfeit‖ who causes one thing to resemble another
thing, intending by means of that resemblance to practise deception, or knowing it to be likely that
deception will thereby be practiced.
1Ins.
by the Elections Offences and Inquiries Act, 1920 (39 of 1920), section 2.
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