Death - Definition - Law Dictionary Home Dictionary Definition death

Definition :

Death. As to the registration of a death, see (English) Births and Deaths Registration Act, 1926 (16 & 17 Geo. 5, c. 48), 37 & 38 Vict. c. 88, 6 & 7 Wm. 4, c. 86, and 7 Wm. 4 & 1 Vict. c. 22. As to an action brought for damages arising from death by accident, neglect, etc., see the (English) Fatal Accidents Acts, 1846 (9 & 10 Vict. c. 93) [(English) Lord Campbell's Act] to 1908, as amended by (English) Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), s. 2 (q.v.). as to the effect of death after the commencement of an action, see (English) Law Reform (Miscellaneous Provisions) Act, 1934. Apart from these statutes, at Common Law no civil claim for damages can be brought for the death of a human being, Baker v. Bolton, (1808) 1 Camp 493; The Amerika, 1914, P. 167. See BIRTHS, DEATHS AND MARRIAGES; ACTIO PERSONALIS; LAW REFORM; and Public Health Act, 1936 (deaths from infectious diseases). As to punishment of death, see CAPITAL PUNISHMENT.

Homicide; includes suicide also, Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116: AIR 1984 SC 1622: (1985) 1 SCR 88.

Means the permanent disappearance of all evidence of life at any time after live-birth has taken place. [Registration of Births and Deaths Act, 1969 (18 of 1969), s. 2(1)(b)]

The word 'death' denotes the death of a human being unless the contrary appears from the context. (Indian Penal Code, 1860, s. 46)