Explanation 1 : Persons falling under any of the above descriptions are public servants,
whether appointed by the Government or not.
Explanation 2: Wherever the words "public servant” occur, they shall be understood of
every person who is in actual possession of the situation of a public servant, whatever
legal defect there may be in his right to hold that situation.
Explanation 3: The word "election" denotes an election for the purpose of selecting
members of any legislative, municipal or other public authority, of whatever character, the
method of selection to which is by, or under, any law prescribed as by election.
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22. Movable property: The words "movable property" are intended to include corporeal
property of every description, except land and thing attached to the earth, or permanently
fastened to anything which is attached to the earth.
23. Wrongful gain: "Wrongful gain" is gain by unlawful means of property to which the
person gaining is not legally entitled.
"Wrongful loss": 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.
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".
25. "Fraudulently": A person is said to do ,a thing fraudulently if he does that thing with
intent to defraud but not otherwise.
26. "Reason to believe": A person is said to have “reason to believe" a thing if he has
sufficient cause to believe that thing but not otherwise.
27. Property in possession of wife, clerk or servant: When property is in the
possession of a person's Wife, clerk or servant, on account of that person, it is in that
person's possession within the meaning of this Code.
Explaination: A person employed temporarily on a particular occasion in the capacity of a
clerk, or servant, is a clerk or servant within the meaning of this section.
28. "Counterfeit": A person is said to "counterfeit" who causes one thing to resemble
another thing, intending by means of that resemblance to practice deception, or knowing
it to be likely that deception will thereby be practiced.