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Section: Pakistan Penal Codes ACT 1860

Question About: Definition Injury Movable Property Wrongful Gain

Explain the following definitions. 1. Injury 2. Movable Property 3. Wrongful gain, wrongful loss 4. Judge 5. Oath

Answer

1. Injury

S. 44 of P.P.C. According to S. 44 of P.P.C., the ‘injury’ denotes any harm whatever illegally caused to any person in body, mind, reputation, or property. In fact, ‘injury’ is all act contrary to law. It includes every tortuous act also. Where a police officer arrested a person and released only when money was pad to him, it was held that action of the police officer amounted to putting the person in fear of injury.

2. Moveable Property

According to S. 22 of P.P.C. ‘viewable property includes corporeal property of every description except:
  1. land, and
  2. things
(i) Attached to the earth, or
(ii) Permanently fastened to anything which is attached to the earth.
Corporeal property is a property, which may be perceived by is senses. Attached to the earth means rooted in the earth as in the are of trees and shuts embedded u the earth as in that are Timetable become movable. Earth that is soil and all the component parts of the soil. inclusive of stone; and minerals, when severed from the earth come movable property and can be capable of being the subject of left, e.g. Currency Notes, Bonds, Jewelry, Car, Bank Note, etc.

3. Wrongful Cain and Wrongful Loss

According to 23 of the P.P.C., dictates that ‘wrongful gain’ is a gain by lawful means of property to which the person gaining is not gaily entitled and ‘wrongful loss’ is the loss by unlawful means of property to ‘‘which the person losing is legally entitled, Gaining I wrongfully and losing wrongfully here mean a person is to gain wrongfully when such person retains wrongfully, as well as wire which 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. Two things are essential to constitute wrongfully gain its correlative wrongfully loss; by wrongfully requisition, retention or deprivation of property and by unlawful means, in other words, the property must be lost to the owner, or by wrongfully kept out of it by unlawful means Here, the word ‘wrongful’ means prejudicially affecting a party in some legal rights. When a creditor by force or otherwise wrongfully takes the goods of his debtor out of his possession without his consent or against his will to pressure on him o pay his debt, the creditor has caused wrongful loss to the debtor. Similarly, when the owner is kept out of possession of his property with the object of depriving him of the benefit arising from the possession, even temporarily the case comes within S. 23 PPC.

4. Judge

According to S. 19 of P.P.C., the Code denotes ‘judge’ not only every person who is officially designated as a judge. But also every person who is empowered by law to give in any radical proceeding, civil or criminal a definitive judgment, i.e. judgment which is final e.g. High Court Judge, District Judge, Assistant Judge and Subordinate Judge, however,
(i) Revenue officer is a judge when he is exercising jurisdiction in a revenue proceeding.
(ii) Arbitrators empowered by law to give a definitive judgment are include in the term judge.
(iii) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a judge.

5. Oath

According to S. 51 of P.P.C., the word ‘Oath’ inc1udes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for purpose of proof, whether in a Court of Justice or not.