Section 2 of Indian Penal Code, What are the Acts under IPC Section 2

Section 2

IPC Section 2 states that every person shall be liable to punishment under the Indian Penal Code (IPC) for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. This means that regardless of their nationality, any person who commits an offence in India can be punished under the IPC.

What is IPC Section 2?

• IPC Section 2 is the first substantive section of the Indian Penal Code (IPC). It states that every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.
• This means that the IPC applies to all offences committed in India, regardless of the nationality of the offender. The term “offence” is defined in IPC Section 45 as any act or omission made punishable by the IPC. Some examples of offenses under the IPC include murder, theft, assault, and cheating.
• The term “within India” is defined in IPC Section 3 as the territory of India and any place within the limits of the territorial waters of India. This means that the IPC applies to all offences committed in India, including those committed on ships and aircraft registered in India.
• IPC Section 2 is an important provision that ensures that everyone who commits an offence in India is held accountable, regardless of their nationality. This helps to maintain law and order in India and to protect the rights of all citizens.
• Here is an example of how IPC Section 2 can be used. Let’s say that a foreigner comes to India and commits a murder. The foreigner can be punished under the IPC for the murder, even though they are not a citizen of India.

Here are some of the key points of IPC Section 2:

• It applies to all offences committed in India, regardless of the nationality of the offender.
• It applies to all places within the limits of the territorial waters of India.
• It is an important provision that ensures that everyone who commits an offence in India is held accountable.

Section 2 of Indian Penal Code

Section 2 of the Indian Penal Code (IPC) is a foundational provision that serves as the cornerstone of India’s criminal legal system. It plays a pivotal role in defining crucial terms and concepts that are used throughout the IPC. Here are some key elements outlined in IPC Section 2:

• Title and Extent: Section 2 starts by establishing that the IPC extends to the whole of India, except for the state of Jammu and Kashmir. It sets the geographical jurisdiction for the code’s applicability.
• Punishment: This section clarifies that the code prescribes penalties for offences defined within it. It distinguishes between two main categories of offenses: felonies and misdemeanors. Felonies are the more serious crimes, while misdemeanors are less severe.
• Offence: IPC Section 2 defines what constitutes an “offence” under the code. It states that any act or omission that is punishable by law is considered an offence. This definition forms the basis for identifying criminal activities throughout the IPC.
• Person: The section goes on to explain who can be held criminally liable. It states that the term “person” includes not only individuals but also any company or association or body of individuals, whether incorporated or not.
• Public Servant: IPC Section 2 defines a “public servant” as any government employee, from the President of India down to the lowest-ranking government employee, including officers in the armed forces. Understanding who qualifies as a public servant is critical when dealing with cases related to public administration and corruption.
• Judge: The provision also defines a “judge” as any person who is empowered by law to give a judgment. This definition is essential in cases involving the administration of justice.

IPC Section 2 under Indian Constitution

• IPC Section 2 is not absolute. There are a few exceptions to the rule that the IPC applies to all offences committed in India. For example, the IPC does not apply to offences committed by foreign diplomats in the course of their official duties.
• IPC Section 2 is subject to international law. The Indian government is bound by international law, and this includes treaties and conventions that India has ratified. In some cases, international law may require India to waive its right to prosecute an offender under the IPC.
• IPC Section 2 is subject to the Constitution of India. The Constitution of India is the supreme law of the land, and any law that is inconsistent with the Constitution is invalid. This means that IPC Section 2 could be challenged in court if it is found to be inconsistent with the Constitution.

Section 2 of Companies Act 2013

Section 2 of the Companies Act, 2013 (the Act) contains definitions of important terms used in the Act. Some of the key definitions in Section 2 of the Act include:

• “Company” means a company incorporated under this Act or any previous company law.
• “Company limited by shares” means a company having the liability of its members limited by the amount unpaid on the shares held by them.
• “Company limited by guarantee” means a company having the liability of its members limited to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up.
• “Public company” means a company that is not a private company.
• “Private company” means a company that by its articles restricts the right to transfer its shares, the number of its members, or both, and prohibits any invitation to the public to subscribe for any shares in, or debentures of, the company.
• “Member” means a person who is a holder of a share in a company.
• “Director” means a person who is appointed to the board of directors of a company.
• “Officer” means any director, managing director, whole-time director, manager, or secretary of a company.

These are just some of the key definitions in Section 2 of the Companies Act, 2013. The Act contains many other definitions, and it is important to consult the Act for the full definition of any term.

Section 2(2) of Companies Act 2013

Section 2(2) of the Companies Act 2013 is a critical provision within India’s corporate legal framework. This section defines the term “associate company.” According to this provision, an associate company is a company in which another company has significant influence, but it does not have full control or ownership over the associate company.

This definition helps in categorizing and regulating various corporate relationships, ensuring transparency and accountability in corporate governance. Understanding Section 2(2) is essential for both companies and regulators, as it forms the basis for determining the nature of associations between businesses and the extent of their influence within the corporate landscape.

Section 2(3) of Companies Act 2013

Section 2(3) of the Companies Act 2013 is a crucial provision that defines the term “board of directors” in the context of Indian company law. According to this section, the board of directors refers to a collective body of individuals appointed to manage the affairs of a company. These directors collectively hold the responsibility for making key decisions, overseeing the company’s operations, and ensuring compliance with legal and regulatory requirements.

Understanding the definition outlined in Section 2(3) is fundamental for corporate governance, as it clarifies the roles and responsibilities of this pivotal entity within a company’s structure, ensuring transparency, accountability, and effective management in accordance with the law.

Section 2(4) of Companies Act 2013

Section 2(4) of the Companies Act 2013 is a vital provision within India’s corporate legislation as it defines the term “company secretary.” According to this section, a company secretary is an individual who holds a recognized qualification and is appointed by a company to fulfill various statutory and regulatory duties.

The company secretary plays a pivotal role in ensuring compliance with corporate laws, maintaining corporate records, and facilitating communication between the company’s board of directors and its shareholders. This definition in Section 2(4) is essential for companies to appoint qualified professionals to fulfill these crucial responsibilities and uphold the standards of corporate governance mandated by the Companies Act 2013

Section 2(5) of Companies Act 2013

Section 2(5) of the Companies Act 2013 is a significant provision that defines the term “corresponding new bank” within the context of this legislation. According to this section, a corresponding new bank refers to a banking company formed through the reconstruction and amalgamation of one or more nationalized banks under the Banking Companies (Acquisition and Transfer of Undertakings) Acts, 1970 and 1980.

This definition is essential for understanding the legal framework surrounding the restructuring and amalgamation of nationalized banks in India, providing clarity and specificity in the Companies Act regarding the formation and operation of these entities.

Section 2 (85) of Companies Act 2013

Section 2(85) of the Companies Act, 2013 (the Act) defines a “small company” as a company that is not a public company and has:

• A paid-up share capital of not more than rupees four crores (Rs. 40000000).
• A turnover of not more than rupees twenty crore (Rs. 200000000).

The definition of a small company is important because it determines which companies are subject to certain provisions of the Act. For example, small companies are not required to have a board of directors, and they are subject to a simplified filing regime. The definition of a small company is also important for tax purposes. Small companies are eligible for certain tax benefits, such as a lower rate of corporate tax.

The Ministry of Corporate Affairs (MCA) has the power to prescribe a higher amount for the paid-up share capital and turnover of a small company. However, the higher amount prescribed cannot exceed rupees ten crore (Rs. 100000000) in case of paid-up share capital and rupees one hundred crore (Rs. 1000000000) in case of turnover. The definition of a small company is subject to change. The MCA may amend the definition from time to time.

Here are some of the key points of Section 2(85) of the Companies Act, 2013:

It defines a small company as a company that is not a public company and has a paid-up share capital of not more than rupees four crore (Rs. 40,000,000) or a turnover of not more than rupees twenty crore (Rs. 2,00,000,000).
The definition of a small company is important because it determines which companies are subject to certain provisions of the Act.
The MCA has the power to prescribe a higher amount for the paid-up share capital and turnover of a small company.
The definition of a small company is subject to change.

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