No 2 Penal Code - IDP SriLanka

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http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5" Movableproperty"." Wrongful gain".21.20. The words " movable property " are intended to include corporeal property of everydescription, except land and things attached to the earth or permanently fastened toanything which is attached to the earth." Wrongfulloss "." Wrongfulgain "includeswrongfulretention ofproperty." Wrongfulloss "includes thebeingwrongfullykept out ofproperty.(1) " Wrongful gain" is gain by unlawful means of property to which the persongaining is not legally entitled.(2)" Wrongful loss" is the loss by unlawful means of property to which theperson losing it is legally entitled.(3) A person is said to gain wrongfully when such person retains wrongfully,as well as when such person acquires wrongfully.(4) A person is said to lose wrongfully when such person is wrongfully keptout of any property, as well as when such person is wrongfully deprived ofproperty."Dishonestly"."Fraudulently"."Reason tobelieve".Property inpossession ofwife, clerk, orservant."Counterfeit".22. Whoever does anything with the intention of causing wrongful gain to one person, orwrongful loss to another person, is said to do that thing " dishonestly ".23. A person is said to do a thing fraudulently if he does that thing with intent to defraud,but not otherwise.24. A person is said to have " reason to believe " a thing if he has sufficient cause tobelieve that thing, but not otherwise.25. When property is in the possession of a person's wife, clerk, or servant, on account ofthat person. It is in that person's possession within the meaning of this <strong>Code</strong>.ExplanationA person employed temporarily or on a particular occasion in thecapacity of a clerk or servant is a clerk or servant within themeaning of this section.26. 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 thatdeception will thereby be practised.ExplanationIt is not essential to counterfeiting that the imitation should beexact.http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (6 of 124)9/30/2008 2:10:37 PM
http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5"Document"." valuablesecurity ".27. The word " document" denotes any matter expressed or described upon anysubstance 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 1It is immaterial by what means, or upon what substance, theletters, figures, or marks are formed, or whether the evidence isintended for or may be used in a Court of Justice or not.IllustrationA writing expressing the terms of a contract, which may be usedas 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, or which may beused, as evidence is a document.A writing containing directions or instructions is a document.Explanation 2Whatever is expressed by means of letters, figures, or marks, asexplained by mercantile or other usage, shall be deemed to beexpressed by such letters, figures, or marks within the meaning ofthis section, although the same may not be actually expressed.IllustrationA writes his name on the back of a bill of exchange payable to hisorder. The meaning of the endorsement, as explained bymercantile usage, is that the bill is to be paid to the holder. Theendorsement is a document, and must be construed in the samemanner as if the words " pay to the holder ", or words to thateffect, had been written over the signature.28. The words " valuable security denote a document which is, or purports to be, adocument whereby any legal right is created, extended, transferred, restricted,extinguished, or released, or whereby any person acknowledges that he lies under legalliability, or has not a certain legal right.illustrationA writes his name on the back of a bill of exchange. As the effectof this endorsement is to transfer the right to the bill to any personwho may become the lawful holder of it, the endorsement is a "valuable security ".Words referringto acts includeillegal omissions."A will".29. The words " a will " denote any testamentarydocument.30. In every part of this <strong>Code</strong>, except where a contrary intention appears from the context,words which refer to acts done extend also to illegal omissions.http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (7 of 124)9/30/2008 2:10:37 PM
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No 2 Penal Code - IDP SriLanka

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