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Definitions under Section 3

# Key Definitions [Section 3, GCA]

## Rule of Application

These GCA definitions apply to any Central Act or Regulation made after the commencement of this Actunless the Central Act itself defines the term or the GCA definition is repugnant (contradictory) to the subject.

## Government Bodies

TermMeaning
GovernmentIncludes both Central and State Government
Central Government• For acts done after commencement of Constitution → President<br>• For acts done before commencement → Governor General in Council

## Act, Rule and Commencement

TermMeaning
Act(For offence/civil wrong) Includes a series of acts AND extends to illegal omissions
RuleRule made under power conferred by any enactment; includes regulation
CommencementDay on which the Act/Regulation came into force

## Year Definitions

TermMeaning
Financial YearYear commencing on 1st April
YearBritish calendar year — 1st January to 31st December

## Person

Includes: Company, Association, Body of individuals (whether incorporated or not).

  • Examples: Individual, Public Body, Idol (juristic person), etc.

## Property — Immovable vs Movable

### Immovable Property

Includes:

  • Land
  • Benefits to arise out of land (e.g., right to catch/carry fish)
  • Things attached to earth (e.g., trees)
  • Things permanently fastened to anything attached to earth

Important notes:

  • If another enactment defines immovable property only negatively (not exhaustively), the GCA definition applies
  • Right of way → immovable property ✓
  • Right to drain water → NOT immovable property ✗

### Movable Property

Property of every description, EXCEPT immovable property.

  • Examples: Timber, Insurance policies (covering immovable property), Debt, Electricity

## Document

Includes any matter written, expressed or described upon any substance by means of letters, figures or marks intended for recording that matter.

  • Examples: Power of Attorney, Painting, Cheque, CCTV recording
  • NOT a document: Currency Notes

## Affidavit, Oath, Swear

  • All three have the same definition
  • Includes affirmation and declaration by persons allowed to affirm instead of swearing
  • Can be used as evidence in court

## Good Faith

  • Done honestly → deemed in good faith (whether negligently or not)
  • Anything done with due care/attention, not malafide → presumed good faith
  • Defined differently in different enactments — GCA definition does NOT apply if the enactment has its own definition
  • Indian Contract Act, 1872 contrast: An act is NOT in good faith if done without due care and attention of a man of ordinary prudence

## Official Gazette

Means either:

  • Gazette of India, OR
  • Official Gazette of State

## Imprisonment

As defined in IPC — either rigorous (with hard labour) or simple. The Court decides which.

Worked example

### Example 1

Act as series of acts: A causes Z's death. The 'act' includes the series of blows given to Z AND illegal omissions like wrongfully refusing to supply food at proper time.

### Example 2

Person includes Idol: An idol is treated as a juristic person and legal entity under the GCA definition of 'Person'.

### Example 3

Immovable property — fishing rights: The right to catch fish from a pond is a 'benefit arising out of land' and is therefore immovable property.

⚠️ Common exam mistakes

  • Treating Currency Notes as a 'document' — they are NOT documents under the GCA
  • Applying the GCA's good faith definition to an enactment that has its own good faith definition
  • Confusing 'Year' (calendar year, Jan-Dec) with 'Financial Year' (Apr-Mar)
  • Treating 'right to drain water' as immovable property — it is NOT
  • Assuming good faith under GCA requires due care — it only requires honesty (even if negligent)
Reference: Section 3 — The General Clauses Act, 1897
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