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Microlesson · 5-min read

Key Definitions under Section 3 (Imprisonment, Indian Law, Month, Movable Property, Oath, Offence)

# Key Definitions under Section 3 (Part 1)

The General Clauses Act, 1897 acts as the dictionary of all Central legislation. Whenever a term is used in another Central Act and is not separately defined there, the definitions in Section 3 of this Act apply (unless the context requires otherwise).

## 1. Imprisonment [Section 3(27)]

'Imprisonment' shall mean imprisonment of either description as defined in the Indian Penal Code (45 of 1860).

Under Section 53 of the IPC, imprisonment is of two kinds:

TypeNature
RigorousWith hard labour
SimpleWithout hard labour

Implication: When any statute simply says 'punishable with imprisonment', the Court has discretion to award either rigorous or simple imprisonment.

## 2. Indian Law [Section 3(29)]

Includes any Act, Ordinance, Regulation, rule, order, bye-law or other instrument passed in India.

Excludes:

  • Acts of the Parliament of the United Kingdom
  • Orders in Council, rules or instruments made under such UK Acts

## 3. Month [Section 3(35)]

Shall mean a month reckoned according to the British calendar (i.e., a calendar month — Jan, Feb, etc.).

Important judicial nuance: In certain tax contexts (e.g., Section 271(1)(a)(i) of the Income-tax Act, 1961), the word 'month' has been construed to mean a period of 30 days, not a calendar month. So the definition yields where context demands.

## 4. Movable Property [Section 3(36)]

Property of every description, except immovable property. (A residual / negative definition — anything that is not immovable is movable.)

## 5. Oath [Section 3(37)]

Includes affirmation and declaration in the case of persons who, by law, are allowed to affirm or declare instead of swearing.

## 6. Offence [Section 3(38)]

Any act or omission made punishable by any law for the time being in force.

  • Both positive acts (doing) and omissions (failing to do) qualify.
  • Must be punishable under a law currently in force.

Worked example

### Example 1

Q: An Act says 'X shall be punishable with imprisonment for a term of one year'. The judge wants to impose simple imprisonment. Is that valid?

A: Yes. Under Section 3(27) read with Section 53 IPC, 'imprisonment' covers both rigorous and simple; the Court has discretion to choose either, unless the Act itself specifies one type.

### Example 2

Q: A tax statute requires a return to be filed 'within one month from 31st March'. Does that mean 30 days or by 30th April?

A: As a general rule under Section 3(35), 'month' = British calendar month, so the date is 30th April. But where judicial precedent (as in Sec 271(1)(a)(i) Income-tax Act) treats 'month' as 30 days, the 30-day rule applies. Always check whether the statute or case law gives a contrary meaning.

### Example 3

Q: Is a UK Order in Council an 'Indian law' under Section 3(29)?

A: No. Indian law expressly excludes any Act of UK Parliament and any Order in Council or instrument made under such Act, even if they apply in India.

⚠️ Common exam mistakes

  • Assuming 'imprisonment' always means rigorous (or always simple) — it is the Court's discretion unless the specific Act prescribes a type.
  • Treating 'month' as automatically equal to 30 days. The default is a British calendar month; the 30-day reading is contextual (e.g., specific Income-tax provisions).
  • Forgetting that 'oath' includes affirmation/declaration — atheists and persons by law permitted to affirm are still bound as if on oath.
  • Thinking that 'offence' requires a positive act — an omission punishable by law is equally an offence.
  • Confusing 'movable property' with only tangible goods — the definition is a residual category covering everything that is not immovable.
Bare-Act text Section 3 — clauses (27), (29), (35), (36), (37), (38) · The General Clauses Act, 1897 · click to expand
Section 3(27): 'Imprisonment' shall mean imprisonment of either description as defined in the Indian Penal Code (45 of 1860). Section 3(29): 'Indian law' shall mean any Act, Ordinance, Regulation, rule, order, bye-law or other instrument passed in India, but does not include any Act of Parliament of the United Kingdom or any Order in Council, rule or other instrument made under such Act. Section 3(35): 'Month' shall mean a month reckoned according to the British calendar. Section 3(36): 'Movable property' shall mean property of every description, except immovable property. Section 3(37): 'Oath' shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. Section 3(38): 'Offence' shall mean any act or omission made punishable by any law for the time being in force.
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