Meaning of unless the contrary appears from the context.

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Pratik Nitin Vyas (Querist)
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23 November 2009 20) Meaning of unless the contrary appears from the context. (with the examples)

21) 4) As Per Section 19 of the Indian Penal Code Words Are “if not appealed against” the definition of judge included the following bold words than if we appeal for any subordinate court to any higher court or for any higher court to supreme court than the judge how were there while giving there decision is said to be the judge as per the IPC.

Example: If the Judge of the high court give the decision in the favour of assessee against the revenue that the revenue File the case in supreme court than the judgment give by the high court judge is not valid because as per the IPC Section 19 the Bold Words mention Above Denote that he is not the judge.

22) As Per Section 194 of the IPC what do u mean by capital offence please help me with the examples with the section 194 in detail please.

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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03 August 2024 Let's break down each of your queries one by one:

### 1. "Unless the contrary appears from the context"

**Meaning:**
This phrase is commonly used in legal documents, statutes, and contracts to indicate that a specific definition or rule is provided unless there is a different intention or meaning evident from the surrounding context. In other words, the standard definition or rule applies unless the context suggests otherwise.

**Example:**
Imagine a legal contract defines "party" as a company or individual involved in the agreement. If the contract later refers to "party" in a context where it clearly means a specific company or individual, then the broader definition of "party" would not apply, and the specific context would control the meaning.

### 2. Section 19 of the Indian Penal Code (IPC)

**Meaning and Explanation:**
Section 19 of the IPC defines who is considered a "Judge" under the law. It states that the term "Judge" includes all persons who are legally empowered to act as judges, even if their decisions are subject to appeal.

The phrase "if not appealed against" means that the term "Judge" applies to someone who is currently serving in that role and whose decisions are valid until appealed. The focus is on the capacity in which they are acting as a judge, not on the finality of their decision.

**Example:**
If a decision is made by a High Court judge, and this decision is subsequently challenged in the Supreme Court, the original High Court judge is still considered a judge under the IPC until the case is finally decided. The High Court's judgment stands as valid during this period even though it is under appeal.

### 3. Section 194 of the IPC

**Meaning and Explanation:**
Section 194 of the IPC deals with the punishment for a judge who gives a false judgment or decree. This section states:

> **"If any Judge or Magistrate, in any matter which is before him in his judicial capacity, knowingly gives a false judgment or decree, he shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."**

**Capital Offence Explanation:**
A capital offence is a crime that is punishable by death. Under Section 194, the act of knowingly giving a false judgment or decree by a judge is considered a serious crime and is punishable by life imprisonment or other severe penalties. While this section itself does not prescribe the death penalty, it is an example of how severe legal misconduct is treated.

**Example:**
If a judge knowingly delivers a false judgment to benefit one party unfairly (such as being bribed to rule in favor of one side), this act is a criminal offense under Section 194. The judge would face severe punishment, including life imprisonment, for such corruption.

In summary:

- **"Unless the contrary appears from the context"** means the general rule applies unless the context specifies a different meaning.
- **Section 19 IPC** defines who is a judge, and this role includes individuals whose decisions are still under appeal.
- **Section 194 IPC** addresses serious misconduct by judges, but capital punishment is not directly related to this section; it involves severe penalties including life imprisonment.

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