section 17 indian penal code

INDIAN PENAL CODE

Section 17: Government

17: Government::--The word “Government” denotes the Central Government or the Government of a State

COMMENTS 

According to Halsbury’s Law of England, from the legal point of view, `government’ may be described as the exercise of certain powers and the performance of certain duties by public authorities or officers, together with certain private persons or corporations exercising public functions. The structure of the machinery of the government, and the regulation of the powers and duties which belong to different parts of this structure, are defined by the law, which also prescribes, to some extent, the mode in which these powers are to be exercised or those duties are to be performed. Government generally connotes three estates, namely, the Legislature, the Executive and the Judiciary. In a narrow sense it connotes executive only.–State of UP v. Nemchandra Jain (1984)2 SCC 405

According to Code of Civil Procedure 1908, Order 27, Rule 8B, `government’ means–

(a) in relation to any suit by or against the Central Government or against a public officer in the service of that Government, the Central Government, and

(b) in relation to any suit by or against a State Government or against a public officer in the service of a State, the State Government.

Under s. 2(d) of the Dock Workers (Regulation of Employment) Act, 1948,`government’ means in relation to any major port, the Central Government and in relation to any other port, the State Government.

`Government’ in relation to any Government security means the Central or State Government issuing the security.–Public Debt Act, 1944, s. 2(1-A)

`The government’ or `government’ in relation to any loan or security means the Government raising the loan or issuing the security.–Indian Securities Act, 1920, s. 2(c)

According to Official Trustees Act, 1913, s. 3(1) `government’ or `the government’ means in relation to any State, the State Government and in relation to any Union Territory, the Central Government.

According to s. 3(9) of Indian Ports Act, 1908, `government’ as respects major ports, for all purposes, and as respects other ports for the purposes of making rules under s. 6(1)(p) and of the appointment and control of port health officers under s. 17, means the Central Government, and save as aforesaid, means the State Government.

According to General Clauses Act, 1897, s. 3(23) `government’ or `the government’ shall include both the Central Government and any State Government.