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ipc:part:illegal [2021/06/25 00:24] LawPage created |
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+ | ====== " | ||
+ | __**Section 43** of the Indian Penal Code 1860__. | ||
+ | The word " | ||
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+ | ---- | ||
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+ | The word ‘illegal’ has been given a wide meaning, for it is applicable not only to everything which is an offence, or which is prohibited by law, but also to that which furnishes ground for civil action. In dealing with this expression the Law Commissioners remarked thus : “ //These appear to be wide words, but we think it would be difficult to restrict them without the risk of excluding something which ought to be included. Generally we apprehend, it will be found unobjectionable to designate as illegal anything done or omitted to be done by a man for which he is liable to a civil action.// ” The word ‘illegal’ has an extensive meaning, including anything and everything which is prohibited by law which constitutes an offence and which furnishes the basis for a civil suit, ending in damages. | ||
+ | ===== Distinction between Unlawful and Illegal ===== | ||
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+ | The word unlawful has not been defined in the Code, so the earlier view was that it may be taken to correspond with the word ‘illegal’, | ||
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+ | A contention was raised that the expression " | ||
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+ | ===== Which Furnishes Ground for a Civil Action ===== | ||
+ | The section covers a [[contract_laws: | ||
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+ | If any ground for civil action can be found on the basis of any act or omission or commission on the part of a person, his act may be held to be illegal or it may be held that he was legally bound to do an act which he had omitted to do.((2009 KHC 4889)) | ||
+ | ===== Legally bound ===== | ||
+ | |||
+ | A witness is not legally bound to sign his deposition in a civil case. But an accused is bound to sign the record of his statement under s. 281(5) of Criminal Procedure Code, and his refusal to sign it amounts to an offence within the meaning of s. 188. A refusal to sign a summons is not an offence. | ||
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+ | Where the accused, a deputy tahsildar, submitted to his official superior a false nil return of lands in his enjoyment, and also made a false statement to the same effect in a revenue inquiry before the principal Assistant-Collector, | ||
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+ | The publication of a pamphlet written in a provocative and defamatory style, furnishing the persons defamed a ground for civil action is illegal under this section; the distribution of such a pamphlet renders the person concerned liable under section 153. |