THE PENAL CODE 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.” “Fraudulently.” 25. A person is said to do a thing “fraudulently” if he does that thing with intent to defraud but not otherwise. “Reason to believe.” 26. A person is said to have “reason to believe” a thing if he has sufficient cause to believe that thing but not otherwise. Property in possession of wife, clerk or servant. 27. 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. “Counterfeit.” 28. 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 practised. Explanation. 1. - It is not essential to counterfeiting that the imitation should be exact. Explanation. 2. - When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised. “Document.” 29. The word “document” denotes 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, as evidence of that matter. Explanation. 1 - It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. Illustrations A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document, A cheque upon a banker is• a document. A power-of-attorney is a document. A map or plan, which is intended to be used which or which may be used as evidence, is a document. A writing containing directions or instructions is a document. Page 5 of 125