Accused Person - Law Dictionary Search Results
Home Dictionary Name: accused personAny person not being the accused
Any person not being the accused, the words 'any person not being the accused' in s. 319 would cover any person who is not already before the Court in the case in which order under s. 319 is passed. It is the duty of the Court to bring before it any person who appears to have committed an offence and to convict and pass an appropriate order of sentence on proof of such person having committed the offence, Jarnail Singh v. State of Haryana, (2003) 9 SCC 328 (332). (Criminal Procedure Code, 1973 s. 319)...
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 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....
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)]...
Acquittal
Acquittal, The legal certification usually by jury verdict that an accused person is not guilty of the charged offence. [fr. acquitter, Fr.; quietus, Lat., to free, acquit, or discharged], a deliverance and setting free of a person from the suspicion or guilt of an offence; also to be free from entries and molestations by a superior lord, for services issuing out of lands, Cowel. Acquittal is of two kinds--(1) Acquittal in deed, as when a person is cleared by verdict; and (2) Acquittal in law, as if two be indicted for a felony, the one as principal and the other as accessory, and the jury acquit the principal, by law the accessory is also acquitted, 2 Inst. 384.Means the legal certification, usually by jury verdict, that an accused person is not guilty of the charged offence, Black Law Dictionary, 7th Edn., p. 24.If person is acquitted and ordered to be discharged it is illegal any longer to detain him, and the duty of seeing that he is at once discharged is upon the governor of the p...
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....
Charge
Charge (i) the instructions of a judge to a jury; the judge's summing up of the evidence at a trial by jury; the periodical address of a bishop or archdeacon to his clergy; the taking proceedings against a prisoner; a commission.To lay a duty upon any one, to acquaint any with the nature of their duty. See CHARGE SHEET. The clerk of arraigns gives te prisoner 'in charge' to the jury, by reading an abstract of the indictment, and they are bound to proceed to deliver him until they are discharged. To prefer an accusation against any one.A burden, duty, or trust, when attached to property; see MORTGAGES AND CHARGES, DEBENTURE, LAND CHARGES, ADMINISTRATION, REGISTRATION OF LAND.Includes any head of charge when the charge contains more heads than one. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (b)]Means expenditure, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, (1971) 1 SCC 85: AIR 1971 SC 530: (1971) 3 SCR 9.See also K. Muthuswami Gounder...
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...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
arraign
arraign [Anglo-French arrainer, from Old French araisnier to address, call to account, from a-, prefix stressing goal of an action + raisnier to speak] : to bring (a defendant) before a judge or magistrate to hear the charges and to plead usually either guilty or not guilty compare indict NOTE: For a person to be formally arraigned, he or she must be called by name before a judge or magistrate. The judge or magistrate makes sure that the defendant is the person named in the complaint, indictment, or information, which is then read to formally notify the defendant of the charges. The defendant may then enter a plea of guilty, not guilty, or another plea allowed by law such as nolo contendere. In some cases, as when the defendant is not yet represented by a lawyer, the judge or magistrate may enter a plea of not guilty on the defendant's behalf. ar·raign·ment n ...
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