Accused - Law Dictionary Search Results
Home Dictionary Name: accusedAccused of any offence
Accused of any offence, The expression 'accused of any offence' in s. 25 of the Evidence Act, 1872 would cover the case of an accused who has been put on trial, whether or not at the time when he made the confessional statement, he was under arrest or in custody as an accused in that case or not, Bheru Singh v. State of Rajasthan, (1994) 2 SCC 467 (475): 1994 SCC (Cri) 555. [Evidence Act, 1872, s. 25]The phrase 'accused of any offence' has been the subject to several decisions of the Supreme Court so that by now it is well settled that only a person against whom a formal accusation relating to the commission of an offence has been levelled which in the normal course may result in his prosecution, would fall within its ambit of term 'accused of an offence', Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302 (305): AIR 1976 SC 1167....
Accused person, a person accused of an offence
Accused person, 'a person accused of an offence', the expression, 'accused person' in s. 24 and the expression 'a person accused of any offence' have the same connotation, and describe the person against whom evidence is sought to be led in a criminal proceeding. The expression 'accused of any offence' is descriptive of the person against whom evidence relating to information alleged to be given by him is made provable by s. 27 of the Evidence Act. It does not predicate a formal accusation against him at the time of making the statement sought to be proved, as a condition of its applicability, State of Uttar Pradesh v. Deoman Upadhyaya, AIR 1960 SC 1125 (1129, 1132): (1960) 1 SCR 14. [Evidence Act, (1 of 1872), ss. 24, 25, 27]...
Accused, statement of
Accused, statement of. Where an accused person is brought before justices of the peace, the (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), s. 12, directs the justices, after the close of the evidence for the prosecution, to ask him whether he wishes to say anything in answer to the charge, telling him that he is not obliged to say anything unless he desires to do so, but that whatever he says will be taken down in writing, and may be given in evidence upon his trial. The justices, before the accused person makes any statement, must make him clearly understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any confession, but that whatever he says may be given in evidence upon his trial, notwithstanding such promise or threat. Whatever the accused states in answer to the charge shall be taken down in the manner shown in the forms prescribed by the rules made under the Ac...
accused
accused pl: accused : a person who has been arrested for or formally charged with a crime : the defendant in a criminal case [the shall enjoy the right to a speedy and public trial "U.S. Constitution amend. VI"] NOTE: Certain rights guaranteed by the Constitution, such as the right to counsel, become effective once a person is characterized as an accused. ...
Accused person
Accused person, The expression, 'accused person' in s. 24 of the Evidence Act, 1872 and the expression 'a person accused of any offence' have the same connotation, and describe the person against whom evidence is sought to be led in a criminal proceeding. It does not predicate a formal accusation against him at the time of making the statement sought to be proved, as a condition of its applicability, State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125 (para 7): 1961 (1) SCR 14....
Person accused of an offence
Person accused of an offence, only a person against whom a formal accusation of the commission of an offence has been made can be a person 'accused of an offence' within the meaning of Article 20(3). Such formal accusation may be specifically made against him in an FIR or a formal complaint or any other formal document or notice served on that person, which ordinarily results in his prosecution in court, Balkishan A. Devidayal v. State of Maharashtra, AIR 1981 SC 379: (1980) 4 SCC 600: (1981) 1 SCR 175....
accusation
accusation 1 : a formal charge of wrongdoing, delinquency, or fault [the accused shall enjoy the right…to be informed of the nature and cause of the "U.S. Constitution amend. VI"] compare allegation, indictment, information 2 : the offense or fault of which one is accused [the was murder] ...
Absence of accused
Absence of accused, The accused must be present at the trial in cases of treason and felony, and cannot be sentenced in his absence, R. v. Hales, (1924) 1 KB 602.In cases of indictable misdemeanours, though the accused's presence at the actual trial is not absolutely essential, he must be present at the preliminary inquiry. With regard to summary jurisdiction, the justices may proceed ex parte after proof of service of the summons.Absence of husband or wife for seven years is, under certain circumstances, a defence on an indictment for bigamy. See BIGAMY....
Defendant
Defendant [Deft. Abbrev.], the person sued in an action, or indicted for a misdemeanour.It includes--(i) any person from or through whom a defendant derives his liability to be sued.(ii)any person whose estate is represented by the defendant as executor, administrator or other representative. [Limitation Act, 1963 (36 of 1963), s. 2 (e)]...
Pro forma defendant
A pro forma defendant is a defendant named as a matter of formality, who typically has no direct responsibility for the harm alleged, but shares an interest with other defendants, such as being a co-owner of property or successor in interest. For example, a co-owner named on a deed or an heir who inherits property may be named as a pro forma defendant...
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