'Means' vs 'Includes' in Definitions

# Definitions in an Act: 'Means' vs 'Includes'

## Where are Definitions Found?

Every Act contains its own definitions:

• Usually in Section 2 of the Act
• Sometimes in Section 3 or other initial sections
• These definitions apply only for the purpose of that particular Act

### Gap-Filling Role of General Clauses Act

If a word is NOT defined in a particular Act, its meaning may be taken from the General Clauses Act, 1897.

## The Critical Distinction: 'Means' vs 'Includes'

### Type 1: Definitions using 'MEANS'

• These are EXHAUSTIVE definitions
• They exactly define the term
• Nothing outside the definition can be added
• The scope is closed

#### Example: 'Company' [Section 2(20), Companies Act, 2013]

> "Company means a company incorporated under this Act or under any previous company law."

Implication: Only entities incorporated under the Companies Act 2013 or earlier company laws are "companies". A partnership or LLP cannot be a "company".

### Type 2: Definitions using 'INCLUDES'

• These are INCLUSIVE (non-exhaustive) definitions
• They extend the natural meaning of the word
• The word retains its general meaning PLUS what is added
• The scope is open-ended

#### Example: 'Debenture' [Section 2(30), Companies Act, 2013]

> "Debenture includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not."

Implication: Debenture means what it ordinarily means PLUS debenture stock, bonds, etc. Even something not listed but evidencing a debt could be a debenture.

## Comparative Table

## Hybrid: 'Means and Includes'

Sometimes definitions use "means and includes" — these are treated as exhaustive but explicitly enumerating included items.