Badiya Vs. the Queen - Court Judgment

Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 120]
Code Context
                                echo "<div class='table-bordered'><b>Excerpt:</b><br/>";

                                    if (trim($desc['Judgement']['casenote'])) {

                                        echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['casenote']))), $query);
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '777157',
			'acts' => '',
			'appealno' => '',
			'appellant' => 'Badiya',
			'authreffered' => '',
			'casename' => 'Badiya Vs. the Queen',
			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
			'counseldef' => '',
			'court' => 'Chennai',
			'court_type' => 'PC',
			'decidedon' => '1882-03-15',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'Innes, J.',
			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '(1882)ILR5Mad158',
			'ratiodecidendi' => '',
			'respondent' => 'The Queen',
			'sub' => 'Criminal',
			'link' => null,
			'circuit' => null
		)
	),
	'casename_url' => 'badiya-vs-queen',
	'args' => array(
		(int) 0 => '777157',
		(int) 1 => 'badiya-vs-queen'
	)
)
$title_for_layout = 'Badiya Vs the Queen - Citation 777157 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '777157',
		'acts' => '',
		'appealno' => '',
		'appellant' => 'Badiya',
		'authreffered' => '',
		'casename' => 'Badiya Vs. the Queen',
		'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => '',
		'counseldef' => '',
		'court' => 'Chennai',
		'court_type' => 'PC',
		'decidedon' => '1882-03-15',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'Innes, J.',
		'judgement' => '<p>Innes, J.</p><p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p>3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p>*Charge to state offence.</p><p>[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p>Specific name of offence, sufficient statement.</p><p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p>How stated where offence has no specific name.</p><p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p>What implied in charges.</p><p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p>Language of charge.</p><p>The charge may be written either in English or in the language of the District.</p><p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p>Previous conviction to be set out in charge.</p><p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '(1882)ILR5Mad158',
		'ratiodecidendi' => '',
		'respondent' => 'The Queen',
		'sub' => 'Criminal',
		'link' => null,
		'circuit' => null
	)
)
$casename_url = 'badiya-vs-queen'
$args = array(
	(int) 0 => '777157',
	(int) 1 => 'badiya-vs-queen'
)
$url = 'https://sooperkanoon.com/case/amp/777157/badiya-vs-queen'
$ctype = ''
include - APP/View/Case/amp.ctp, line 120
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 120]
Code Context
                                echo "<div class='table-bordered'><b>Excerpt:</b><br/>";

                                    if (trim($desc['Judgement']['casenote'])) {

                                        echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['casenote']))), $query);
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '777157',
			'acts' => '',
			'appealno' => '',
			'appellant' => 'Badiya',
			'authreffered' => '',
			'casename' => 'Badiya Vs. the Queen',
			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
			'counseldef' => '',
			'court' => 'Chennai',
			'court_type' => 'PC',
			'decidedon' => '1882-03-15',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'Innes, J.',
			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '(1882)ILR5Mad158',
			'ratiodecidendi' => '',
			'respondent' => 'The Queen',
			'sub' => 'Criminal',
			'link' => null,
			'circuit' => null
		)
	),
	'casename_url' => 'badiya-vs-queen',
	'args' => array(
		(int) 0 => '777157',
		(int) 1 => 'badiya-vs-queen'
	)
)
$title_for_layout = 'Badiya Vs the Queen - Citation 777157 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '777157',
		'acts' => '',
		'appealno' => '',
		'appellant' => 'Badiya',
		'authreffered' => '',
		'casename' => 'Badiya Vs. the Queen',
		'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => '',
		'counseldef' => '',
		'court' => 'Chennai',
		'court_type' => 'PC',
		'decidedon' => '1882-03-15',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'Innes, J.',
		'judgement' => '<p>Innes, J.</p><p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p>3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p>*Charge to state offence.</p><p>[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p>Specific name of offence, sufficient statement.</p><p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p>How stated where offence has no specific name.</p><p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p>What implied in charges.</p><p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p>Language of charge.</p><p>The charge may be written either in English or in the language of the District.</p><p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p>Previous conviction to be set out in charge.</p><p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '(1882)ILR5Mad158',
		'ratiodecidendi' => '',
		'respondent' => 'The Queen',
		'sub' => 'Criminal',
		'link' => null,
		'circuit' => null
	)
)
$casename_url = 'badiya-vs-queen'
$args = array(
	(int) 0 => '777157',
	(int) 1 => 'badiya-vs-queen'
)
$url = 'https://sooperkanoon.com/case/amp/777157/badiya-vs-queen'
$ctype = ''
include - APP/View/Case/amp.ctp, line 120
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]
Code Context
                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '777157',
			'acts' => '',
			'appealno' => '',
			'appellant' => 'Badiya',
			'authreffered' => '',
			'casename' => 'Badiya Vs. the Queen',
			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
			'counseldef' => '',
			'court' => 'Chennai',
			'court_type' => 'PC',
			'decidedon' => '1882-03-15',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'Innes, J.',
			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '(1882)ILR5Mad158',
			'ratiodecidendi' => '',
			'respondent' => 'The Queen',
			'sub' => 'Criminal',
			'link' => null,
			'circuit' => null
		)
	),
	'casename_url' => 'badiya-vs-queen',
	'args' => array(
		(int) 0 => '777157',
		(int) 1 => 'badiya-vs-queen'
	)
)
$title_for_layout = 'Badiya Vs the Queen - Citation 777157 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '777157',
		'acts' => '',
		'appealno' => '',
		'appellant' => 'Badiya',
		'authreffered' => '',
		'casename' => 'Badiya Vs. the Queen',
		'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => '',
		'counseldef' => '',
		'court' => 'Chennai',
		'court_type' => 'PC',
		'decidedon' => '1882-03-15',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'Innes, J.',
		'judgement' => '<p>Innes, J.</p><p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p>3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p>*Charge to state offence.</p><p>[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p>Specific name of offence, sufficient statement.</p><p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p>How stated where offence has no specific name.</p><p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p>What implied in charges.</p><p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p>Language of charge.</p><p>The charge may be written either in English or in the language of the District.</p><p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p>Previous conviction to be set out in charge.</p><p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '(1882)ILR5Mad158',
		'ratiodecidendi' => '',
		'respondent' => 'The Queen',
		'sub' => 'Criminal',
		'link' => null,
		'circuit' => null
	)
)
$casename_url = 'badiya-vs-queen'
$args = array(
	(int) 0 => '777157',
	(int) 1 => 'badiya-vs-queen'
)
$url = 'https://sooperkanoon.com/case/amp/777157/badiya-vs-queen'
$ctype = ''
include - APP/View/Case/amp.ctp, line 123
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]
Code Context
                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '777157',
			'acts' => '',
			'appealno' => '',
			'appellant' => 'Badiya',
			'authreffered' => '',
			'casename' => 'Badiya Vs. the Queen',
			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
			'counseldef' => '',
			'court' => 'Chennai',
			'court_type' => 'PC',
			'decidedon' => '1882-03-15',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'Innes, J.',
			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '(1882)ILR5Mad158',
			'ratiodecidendi' => '',
			'respondent' => 'The Queen',
			'sub' => 'Criminal',
			'link' => null,
			'circuit' => null
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	'args' => array(
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		(int) 1 => 'badiya-vs-queen'
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		'acts' => '',
		'appealno' => '',
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		'casesref' => '',
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		'counselplain' => '',
		'counseldef' => '',
		'court' => 'Chennai',
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		'decidedon' => '1882-03-15',
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		'judge' => 'Innes, J.',
		'judgement' => '<p>Innes, J.</p><p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p>3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p>*Charge to state offence.</p><p>[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p>Specific name of offence, sufficient statement.</p><p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p>How stated where offence has no specific name.</p><p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p>What implied in charges.</p><p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p>Language of charge.</p><p>The charge may be written either in English or in the language of the District.</p><p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p>Previous conviction to be set out in charge.</p><p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p></p><p>',
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		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '(1882)ILR5Mad158',
		'ratiodecidendi' => '',
		'respondent' => 'The Queen',
		'sub' => 'Criminal',
		'link' => null,
		'circuit' => null
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)
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$args = array(
	(int) 0 => '777157',
	(int) 1 => 'badiya-vs-queen'
)
$url = 'https://sooperkanoon.com/case/amp/777157/badiya-vs-queen'
$ctype = ''
include - APP/View/Case/amp.ctp, line 123
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
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			'acts' => '',
			'appealno' => '',
			'appellant' => 'Badiya',
			'authreffered' => '',
			'casename' => 'Badiya Vs. the Queen',
			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
			'counseldef' => '',
			'court' => 'Chennai',
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			'deposition' => '',
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			'judge' => 'Innes, J.',
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			'overruledby' => null,
			'prhistory' => '',
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			'ratiodecidendi' => '',
			'respondent' => 'The Queen',
			'sub' => 'Criminal',
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	'args' => array(
		(int) 0 => '777157',
		(int) 1 => 'badiya-vs-queen'
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		'acts' => '',
		'appealno' => '',
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		'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
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		'casesref' => '',
		'citingcases' => '',
		'counselplain' => '',
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		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'Innes, J.',
		'judgement' => '<p>Innes, J.</p><p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p>3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p>*Charge to state offence.</p><p>[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p>Specific name of offence, sufficient statement.</p><p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p>How stated where offence has no specific name.</p><p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p>What implied in charges.</p><p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p>Language of charge.</p><p>The charge may be written either in English or in the language of the District.</p><p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p>Previous conviction to be set out in charge.</p><p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p></p><p>',
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		'pubs' => '(1882)ILR5Mad158',
		'ratiodecidendi' => '',
		'respondent' => 'The Queen',
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		'circuit' => null
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$ctype = ''
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	(int) 0 => '<p>Innes, J.',
	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
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$cnt = (int) 18
$i = (int) 0
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Innes, J.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '777157',
			'acts' => '',
			'appealno' => '',
			'appellant' => 'Badiya',
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			'casename' => 'Badiya Vs. the Queen',
			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
			'counseldef' => '',
			'court' => 'Chennai',
			'court_type' => 'PC',
			'decidedon' => '1882-03-15',
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			'judge' => 'Innes, J.',
			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
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		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '(1882)ILR5Mad158',
		'ratiodecidendi' => '',
		'respondent' => 'The Queen',
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$ctype = ''
$content = array(
	(int) 0 => '<p>Innes, J.',
	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

3. The Sessions Judge should not have ignored the instructions of the High Court.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
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		'judgement' => '<p>Innes, J.</p><p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p>3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p>*Charge to state offence.</p><p>[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p>Specific name of offence, sufficient statement.</p><p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p>How stated where offence has no specific name.</p><p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p>What implied in charges.</p><p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p>Language of charge.</p><p>The charge may be written either in English or in the language of the District.</p><p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p>Previous conviction to be set out in charge.</p><p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p></p><p>',
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$ctype = ''
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	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

*Charge to state offence.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
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	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
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	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
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	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
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	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
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	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

[Section 439 : The charge shall state the offence with which the accused person is charged.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
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	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
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	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Specific name of offence, sufficient statement.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
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			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
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			'counselplain' => '',
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	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
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	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
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	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

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                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

How stated where offence has no specific name.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

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	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
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$cnt = (int) 18
$i = (int) 9
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
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$ctype = ''
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	(int) 0 => '<p>Innes, J.',
	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
)
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$cnt = (int) 18
$i = (int) 10
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

What implied in charges.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
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			'acts' => '',
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			'citingcases' => '',
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			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'pubs' => '(1882)ILR5Mad158',
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$ctype = ''
$content = array(
	(int) 0 => '<p>Innes, J.',
	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
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$i = (int) 11
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '777157',
			'acts' => '',
			'appealno' => '',
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			'authreffered' => '',
			'casename' => 'Badiya Vs. the Queen',
			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
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			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
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			'judge' => 'Innes, J.',
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			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '(1882)ILR5Mad158',
			'ratiodecidendi' => '',
			'respondent' => 'The Queen',
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			'circuit' => null
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		(int) 1 => 'badiya-vs-queen'
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		'casename' => 'Badiya Vs. the Queen',
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		'judge' => 'Innes, J.',
		'judgement' => '<p>Innes, J.</p><p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p>3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p>*Charge to state offence.</p><p>[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p>Specific name of offence, sufficient statement.</p><p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p>How stated where offence has no specific name.</p><p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p>What implied in charges.</p><p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p>Language of charge.</p><p>The charge may be written either in English or in the language of the District.</p><p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p>Previous conviction to be set out in charge.</p><p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p></p><p>',
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		'pubs' => '(1882)ILR5Mad158',
		'ratiodecidendi' => '',
		'respondent' => 'The Queen',
		'sub' => 'Criminal',
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$ctype = ''
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	(int) 0 => '<p>Innes, J.',
	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
)
$paragraphAfter = (int) 1
$cnt = (int) 18
$i = (int) 12
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Language of charge.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
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			'acts' => '',
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			'casesref' => '',
			'citingcases' => '',
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			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
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	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
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	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
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$cnt = (int) 18
$i = (int) 13
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

The charge may be written either in English or in the language of the District.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
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			'appealno' => '',
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			'casename' => 'Badiya Vs. the Queen',
			'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
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			'casesref' => '',
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			'counselplain' => '',
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			'judge' => 'Innes, J.',
			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'pubs' => '(1882)ILR5Mad158',
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$content = array(
	(int) 0 => '<p>Innes, J.',
	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
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$paragraphAfter = (int) 1
$cnt = (int) 18
$i = (int) 14
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

If not written in a language understood by the prisoner, it must be read to him in a language which he understands.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
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	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
)
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$cnt = (int) 18
$i = (int) 15
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Previous conviction to be set out in charge.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
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$ctype = ''
$content = array(
	(int) 0 => '<p>Innes, J.',
	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
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$cnt = (int) 18
$i = (int) 16
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Badiya Vs the Queen - Citation 777157 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '777157',
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			'appealno' => '',
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			'casename' => 'Badiya Vs. the Queen',
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			'casesref' => '',
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			'counselplain' => '',
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			'judge' => 'Innes, J.',
			'judgement' => '<p style="text-align: justify;">Innes, J.</p><p style="text-align: justify;">1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p style="text-align: justify;">2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p style="text-align: justify;">3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p style="text-align: justify;">*Charge to state offence.</p><p style="text-align: justify;">[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p style="text-align: justify;">Specific name of offence, sufficient statement.</p><p style="text-align: justify;">If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p style="text-align: justify;">How stated where offence has no specific name.</p><p style="text-align: justify;">If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p style="text-align: justify;">What implied in charges.</p><p style="text-align: justify;">The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p style="text-align: justify;">Language of charge.</p><p style="text-align: justify;">The charge may be written either in English or in the language of the District.</p><p style="text-align: justify;">If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p style="text-align: justify;">Previous conviction to be set out in charge.</p><p style="text-align: justify;">If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '(1882)ILR5Mad158',
			'ratiodecidendi' => '',
			'respondent' => 'The Queen',
			'sub' => 'Criminal',
			'link' => null,
			'circuit' => null
		)
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	'casename_url' => 'badiya-vs-queen',
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		(int) 0 => '777157',
		(int) 1 => 'badiya-vs-queen'
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$title_for_layout = 'Badiya Vs the Queen - Citation 777157 - Court Judgment | '
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	'Judgement' => array(
		'id' => '777157',
		'acts' => '',
		'appealno' => '',
		'appellant' => 'Badiya',
		'authreffered' => '',
		'casename' => 'Badiya Vs. the Queen',
		'casenote' => 'Criminal Procedure Code, 1872, Section 439 - Charge--Liability to whippings--Judgment. - ',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => '',
		'counseldef' => '',
		'court' => 'Chennai',
		'court_type' => 'PC',
		'decidedon' => '1882-03-15',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'Innes, J.',
		'judgement' => '<p>Innes, J.</p><p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).</p><p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.</p><p>3. The Sessions Judge should not have ignored the instructions of the High Court.</p><p>*Charge to state offence.</p><p>[Section 439 : The charge shall state the offence with which the accused person is charged.</p><p>Specific name of offence, sufficient statement.</p><p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.</p><p>How stated where offence has no specific name.</p><p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.</p><p>What implied in charges.</p><p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.</p><p>Language of charge.</p><p>The charge may be written either in English or in the language of the District.</p><p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.</p><p>Previous conviction to be set out in charge.</p><p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '(1882)ILR5Mad158',
		'ratiodecidendi' => '',
		'respondent' => 'The Queen',
		'sub' => 'Criminal',
		'link' => null,
		'circuit' => null
	)
)
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$ctype = ''
$content = array(
	(int) 0 => '<p>Innes, J.',
	(int) 1 => '<p>1. The conviction is right and the sentence not improper; but the High Court has only lately ruled, in accordance with Section 439* of the Criminal Procedure Code that when an accused person is liable to be punished under the Whipping Act, the charge must state the liability (Circular No. 2686, dated 20th December 1851).',
	(int) 2 => '<p>2. It has been repeatedly directed also that the judgment should set out the grounds of the liability to punishment under the Whipping Act when that punishment is imposed.',
	(int) 3 => '<p>3. The Sessions Judge should not have ignored the instructions of the High Court.',
	(int) 4 => '<p>*Charge to state offence.',
	(int) 5 => '<p>[Section 439 : The charge shall state the offence with which the accused person is charged.',
	(int) 6 => '<p>Specific name of offence, sufficient statement.',
	(int) 7 => '<p>If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.',
	(int) 8 => '<p>How stated where offence has no specific name.',
	(int) 9 => '<p>If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged. The Act and section or sections of this Act against which the offence is said to have been committed must be referred to in the charge.',
	(int) 10 => '<p>What implied in charges.',
	(int) 11 => '<p>The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular case.',
	(int) 12 => '<p>Language of charge.',
	(int) 13 => '<p>The charge may be written either in English or in the language of the District.',
	(int) 14 => '<p>If not written in a language understood by the prisoner, it must be read to him in a language which he understands.',
	(int) 15 => '<p>Previous conviction to be set out in charge.',
	(int) 16 => '<p>If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. ]<p>',
	(int) 17 => '<p>'
)
$paragraphAfter = (int) 1
$cnt = (int) 18
$i = (int) 17
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109