Section 7:- Sense of expression once explained

Every expression which is explained in any part of this Code, is used in every part of
this Code in conformity with the explanation.

Section 6:- Definitions in the Code to be understood subject to exceptions

Throughout this Code every definition of an offence, every penal provision and every
illustration of every such definition or penal provision, shall be understood subject to
the exceptions contained in the Chapter entitled “General Exceptions”, though those
exceptions are not repeated in such definition, penal provision, or illustration.

Illustrations

The sections, in this Code, which contain definitions of offences, do not express that
a child under seven years of age cannot commit such offences; but the definitions are
to be understood subject to the general exception which provides that nothing shall
be an offence which done by child under seven years of age.

A, a police-officer, without warrant, apprehends Z who has committed murder. Here

A is not guilty of the offence of wrongful confinement; for he was bound by law to
apprehend Z, and therefore the case falls within the general exception which
provides that “nothing is an offence which is done by a person who is bound by law
to do it”.

Section 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”.Section 23:-
“Wrongful gain”

Wrongful Gain – is gain by unlawful means of property to which the person gaining
is not legally entitled.
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.CrPC 392:
Section 392 of the Criminal Procedure Code

Procedure where Judges of Court of appeal are equally divided

When an appeal under this Chapter is heard by a High Court before a Bench of
Judges and they are divided in opinion, the appeal, with their opinions, shall be laid
before another Judge of that Court, and that Judge, after such hearing as he thinks
fit, shall deliver his opinion, and the judgment or order shall follow that opinion:

Provided that if one of the Judges constituting the Bench, or, where the appeal is laid
before another Judge under this section, that Judge, so requires, the appeal shall be
re-heard and decided by a larger Bench of Judges.CrPC 393: Section 393 of the
Criminal Procedure Code

Finality of judgments and orders on appeal

Judgments and orders passed by an Appellate Court upon an appeal shall be final,
except in the case provided for in section 377, section 378, Sub-Section (4) of section
384 or Chapter XXX:

Provided that notwithstanding the final disposal of an appeal against conviction in

any case, the Appellate Court may hear and dispose of, on the merits.

an appeal against acquittal under section 378, arising out of the same case, or

an appeal for the enhancement of sentence under section 377, arising out of the
same case.CrPC 394: Section 394 of the Criminal Procedure Code

Abatement of appeals
Every appeal under section 377 or section 378 shall finally abate on the death of the
accused.

Every other appeal under this Chapter (except an appeal from a sentence of fine)
shall finally abate on the death of the appellant:

Provided that where the appeal is against a conviction and sentence of death or of
imprisonment, and the appellant dies during the pendency of the appeal, any of his
near relatives may, within thirty days of the death of the appellant, apply to the
Appellate Court for leave to continue the appeal; and if leave is granted, the appeal
shall not abate.

Explanation – In this section, “near relative” means a parent, spouse, lineal

descendant, brother or sister.CrPC 395: Section 395 of the Criminal Procedure Code

Reference to High Court

Where any Court is satisfied that a case pending before it involves a question as to
the validity of any Act, Ordinance or Regulation or of any provision contained in an
Act, Ordinance or Regulation, the determination of which is necessary for the
disposal of the case, and is of opinion that such Act, Ordinance, Regulation or
provision is invalid or inoperative, but has not been so declared by the High Court to
which that Court is subordinate or by the Supreme Court, the Court shall state a case
setting out its opinion and the reasons therefore, and refer the same for the decision
of the High Court.

Explanation – In this section, “Regulation” means any Regulation as defined in the

General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.

A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case

pending before it or him to which the provisions of Sub-Section (1) do not apply,
refer for the decision of the High Court any question of law arising in the hearing of
such case.

Any Court making a reference to the High Court under Sub-Section (1) or Sub-
Section (2) may, pending the decision of the High Court thereon, either commit the
accused to jail or release him on bail to appear when called upon.CrPC 396: Section
396 of the Criminal Procedure Code

Disposal of case according to decision of High Court

When a question has been so referred, the High Court shall pass such order thereon
as it thinks fit, and shall cause a copy of such order to be sent to the Court by which
the reference was made, which shall dispose of the case conformably to the said
order.

The High Court may direct by whom the costs of such reference shall be paid.CrPC
265: Section 265 of the Criminal Procedure Code

Language of record and judgment

(1) Every such record and judgment shall be written in the language of the Court.

(2) The High Court may authorise any Magistrate empowered to try offences
summarily to prepare the aforesaid record or judgment or both by means of an
officer appointed in this behalf by the Chief Judicial Magistrate, and the record or
judgment so prepared shall be signed by such Magistrate.