Accused Person - Law Dictionary Search Results
Home Dictionary Name: accused person Page: 2Criminal Evidence Act
Criminal Evidence Act, 1898 (English) (61 & 62 Vict. c. 36), the general Act by which every person charged with an offence and his or her wife or husband became a competent, but not a compellable, witness for the defence at every stage of the proceedings.The Evidence Acts, 1851 and 1853, whichmade parties and spouses admissible witnesses (they having been previously incompetent on the groundof interest), expressly excepted criminal proceedings from its opertion; but a series of enactments dealing with particular offences, from the Licensing Act, 1872, downto the Chaff Cutting Machines Accidents Act, 1897 (of which s. 20 of the Criminal Law Amendment Act, 1885, was by far the most important), did away with this exception, in particular cases and in varying phraseology, but without qualifications except that against compellability, and enabled accused persons to give evidenceon oath in their own defence.The Act of 1898, superseding [see Charnock v. Merchant, (1900) 1 QB 474] but not expr...
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
Interested
Interested, a close relative who is a very natural witness cannot be regarded as an interested witness. The term 'interested' postulates that the person concerned must have some direct interest in seeing that the accused person is somehow or the other convicted either because he had some animus with the accused or for some other reason, Dalbir Kaur v. State of Punjab, AIR 1977 SC 472: (1977) 1 SCR 280: (1976) 4 SCC 158.Interested, postulates that the person concerned must have some direct interest in seeing the accused being convicted somehow or the other either because of animosity or some other reasons, State of Andhra Pradesh v. S. Rayappa, (2006) 4 SCC 512: (2006) 2 JT 392: (2006) 2 SCALE 321: (2006) 2 SLT 230: (2006) 3 SCJ 668: (2006) 4 SC JD 470: (2006) 3 SRJ 499: 2006 Cr LJ 1616: (2006) 2 SCC (Cri) 353: (2006) 1 Crimes 219 (SC): (2006) 1 JCC 396: (2006) 1 Recent CLR 966: (2006) 2 CRJ 363....
Reasonable doubt
Reasonable doubt, does not mean some light, airy, insubstantial doubt that may fit through the minds of any of us about almost anything at some time or other; it does not mean a doubt begotten by sympathy out of reluctance to convict; it means a real doubt, a doubt founded upon reasons, K. Gopal Reddy v. State of Andhra Pradesh, AIR 1979 SC 387 (391): (1979) 2 SCR 363: (1979) 1 SCC 355.The doubt that prevents one from being firmly convinced of a defendant's guilt, or the belief that there is a real possibility that a defendant is not guilty, Black's Law Dictionary, 7th Edn., p. 1272.If a reasonable doubt arises in the mind of the court after taking into consideration the entire material before it regarding the complicity of the accused the benefit of such doubt should be given to the accused but the reasonable doubt should be a real and substantial one and a 'well founded actual doubt arising out of the evidence existing after consideration of all the evidenced. 'Hence a mere whim or a...
Surety bond
Surety bond, a surety bond is a contract and it is a question as to how far its terms can be considered to have been varied by any unilateral act. Each bond has to be construed on its own terms. But in construing the terms of a surety bond for the production of an accused person, the purpose and object of executing it must be kept in view. Such a bond is executed for the purpose of ensuring the presence of the accused concerned in Court in which he is standing his trial for a criminal offence at the hearing of the case. But for the execution of such a bond, the accused would have to remain in custody so that the trial may proceed smoothly, State of Maharashtra v. Dadamiya Babumiya Sheikh, AIR 1971 SC 1722 (1724): (1972) 3 SCC 85.In the case of fidelity guarantees the security is discharged if a material alteration takes place in the risk, e.g., change of duties, Pybus v. Gibb, (1856) 6 E&B 902, or upon non-disclosure by the person to whom the guarantee is given of a matter affecting th...
Confession by culprit
Confession by culprit, the acknowledgment by a criminal of the offence charged against him when charged by any person or called upon to plead to the indictment. A confession before trial, if given without any inducement of favour or threat of punishment, is evidence against the person charged even though he may be in custody (R. v. Best, (1909) 1 KB 692), and by the Criminal Justice Act, 1925 (c. 86), s. 12, replacing Indictable Offences Act, 1848, s. 18, and the Summary Jurisdiction Act, 1879, s. 13 (2), justices of the peace are directed to give an accused person 'clearly to 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 make any confession of guilt. See ACCUSED....
Jeopardy
Jeopardy, means the risk of conviction and punish-ment that a criminal defendant faces at trial. Jeopardy attaches in a jury trial when the jury is empaneled, and in a Bench trial when the first witness is sworn. Also termed legal jeopardy, Black's Law Dictionary, 7th Edn., p. 839.Double is the subjection of an accused person to repeated trial for the same alleged offence, Dictionary of Political Science, Joseph Dunner, 1965, p. 154.In India, no person can be prosecuted and punished for the same offence more than once, Commentary on the Constitution of India, Durga Das Basu, Vol. D, 6th Edn., p. 14. [Constitution of India, Art. 20(2)]...
Laudatia
Laudatia, means court testimony concerning an accused person's good behaviour and integrity of life. This testimony resembles the practice in modern criminal trial of calling persons to speak favourably about a defendant's character, Black's Law Dictionary, 7th Edn., p. 889....
correal
correal [Latin correus person accused along with another, from com- with, together + reus accused person] in the civil law of Louisiana : solidary cor·re·al·i·ty [kȯr-ē-a-lə-tē] n ...
Accuse
Accuse, means to charge a person judicially or publicly with an offence; to make an accusation against, Black Law Dictionary, 7th Edn., p. 22....
- << Prev.
- Next >>