Answer
1. Person
According to S. 11 of P.P.C. The word person’ includes any Company or Association or body of person neither incorporated or not. It therefore includes not only a neutral Persia i.e. a human being — a man woman or child — but also an artificial perils, i.e. corporation or a judicial person like an idol. The word “person” includes any company or association or bod:’ of persons, whether incorporated or not.
Illustration Natural and Artificial person
The word “Person” includes both a natural person (a human being, whether:
- a man,
- woman, or
- Child, and
- an artificial person (a corporation)
A limited company or a corporation
A limited company or a corporation is a legal person in the eye of Jaw.
Buffalo or Cow
The words “Buffalo” or “Cow” not included in definition of word person.
Artificial or Judicial Person
Its definition is not exhaustive
and must be taken to include artificial or judicial persons as well.
Idol
As idol is a judicial person capable of owing proper and therefore a “person” as defined in the Pakistan Penal Code.
It is. However, used frequently in the Code in a sense in which it is clear from the context that corporate bodies, etc., are not included.
The officer or agent authorized to act on behalf of corporate body
Corporate body or company is not indictable for offences which can be committed only by human individuals or for offences punishable with imprisonment. The officer or agent authorized to act on behalf of corporate body is individually liable for criminal action.
Persons liable for criminal act
S. 2 of the Pakistan Penal Code provides that every person shall be made liable to punishment under the Code, without distinction of nation, rank, cast or creed, provided the offence with which he has been charged has been committed in some part of Pakistan.
2. Court of Justice
According to S. 20 of P.P.C. “The word “Court of Justice” denotes a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially as a body when such Judge or body of judges is acting judicially.”
Illustration
In court. Of justice, a judge adjudicates the matter. A judge as contemplated by the Penal Code denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give in any judicial proceeding, civil or criminal a definitive judgment i.e., a judgment which is final.
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3. Document
According to S. 29 of P.P.C. Document denoted any matter:
(i) Expressed or described upon substance by means of letters, figures, marks etc. and
(ii) Intended to be used or which may be used as evidence of that mater, whether the evidence may be used in a court of justice or not.
Illustration
(i) A writing expressing the terms of a contract, which may be used as evidence of the contract
(ii) a cheque upon a hanker
(iii) a power of attorney
(iv) a map or plan, intended to be used as evidence
(v) letter or mark imprinted on trees intended to he used as evidence that the trees have passed by the Rangers of a forest for removal are documents. V
The term document’ seems to include everything done by the pen by engraving, by printing or otherwise. Kinds of documents, which create, transfer. etc. any legal right that are termed Valuable Securities’.
4. Counterfeit
The word “counterfeit” does not connote an exact reproduction of the original counterfeit.
Difference
The difference between the counterfeit and the original is not therefore, limited to a difference existing only be reason of faulty production.
Definition
According to S. 28 of P.P.C., a person is said to counterfeit, who- (i) (i) (i) Causes one thing to resemble another thing;
(ii) Intending by means of that resemblance to practice deception of;
(iii) Knowing it is likely that deception will thereby be practiced.
It is not essential for counterfeiting that the imitation should be exact.
Element of Counterfeit
To make a thing counterfeit two elements are necessary as described in this section:
1. The counterfeit must resemble the original.
2. There should be an intention to practice deception by means of that resemblance or knowledge that by means of that resemblance, deception would be practiced it is not essential element to bring the counterfeit within the penal provisions of this section that resemblance should be exact.
Some sort of resemblance
For a thing to be “counterfeit” there should be some sort of resemblance sufficient to cause deception. If there is so such resemblance, it cannot be said to be “counterfeit”, e.g.. a counterfeit currency-note which would not even deceive a villager.
Examples
1. A prints U.S. dollars in Pakistan and float in the market.
2. B makes perfumes and labels as France made. Held B has committed counterfeiting.
For a thing to he ‘counterfeit’ there should be some sort of resemblance sufficient to cause deception. If there is no such resemblance, it cannot be said to be ‘counterfeit’, e.g., a counterfeit currency notes and coins if they are made to resemble genuine and the intention of the maker is really to use them will be held under this section. Other offences of counterfeiting are mentioned under Ss. 483, 484, 489 489-A, 489-B, 489-C, 489-D and 489-E, P.P.C.
5. Criminal Knowledge
The S. 35 makes it clear that where number of persons join in an act which is criminal only by reason of its being done with a certain knowledge or intention, each person is liable for the act to the extent of the knowledge or intention, in other words, the court has to consider what is the knowledge or intention with which each person joined in the act.
Definition of Criminal Knowledge or Intention
According to 5. 35 of P.P.C. Whenever an act, which is criminal only by reason of its being with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act is in the same manner as if the act were done by him alone with that knowledge or intention.
Interpretation
Under this section a person assisting the accused, who actually performs the act, must be shown to have the particular intent or knowledge if the act is criminal only by reason of its being done with a criminal knowledge or intention.
Actus non facit reum, nisi mens sit rea
The conditions of penal liability are sufficiently indicated by the maxim, Actus non facit reum, nisi mens sit rea. (A man is responsible, not for his acts in themselves but for his act coupled with the mens rea or guilty mind with which he does them).
Before imposing punishment the law must be satisfied of two things.
1. That an act has been done which by reason of its harmful tendencies or result is fit to be repressed by way of penal discipline.
2. That the mental attitude of the doer towards his deed was such as to render punishment effective as a deterrent for the future, and therefore just.
Every crime requires a mental element. Even in strict or
absolute liability some mental element is required. Here can he no
crime of any nature without an evil mind.