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. Page 27 of 178

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