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Microlesson · 5-min read

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 Act — unless 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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