Accused Person - Law Dictionary Search Results
Home Dictionary Name: accused person Page: 4Admonition
Admonition, a judicial or ecclesiastic censure or reprimand. See MONITION.Admonition, means a mild rebuke, Webster Law Dictionary, p. 19.Means a reprimand to an accused person about to be discharged, A Dictionary of Law - William C. Anderson, 1889, p. 36.Means a punishment administered by the Presiding Officer of a legislature to an offender for breach of privilege or contempt of the House in case of an offence which is not so grave as to warrant his committal; Parliamentary Practice - Erskine May, 22nd Edn. p. 138.In the House of Commons, (U.K.), when a person who is not a member is directed to be admonished, the offender, if he is in attendance, is brought to the bar of the House and reprimanded by the Speaker, if not in attendance, he is brought to the bar the following or some later day and admonished. Practice and Procedure of Parliament - M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 261.In the Lok Sabha, as well as in Rajya Sabha, as in the House of Commons, an offender whose of...
Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
Degree
Degree [fr. degre, Fr.; degrat, O. Fr.; gradus, Lat.], a step; the difference in relative importance of the same species, also to denote priorities in family relationships; the state of a person, as to be a barrister-at-law, or to be a Bachelor or Master of Arts of a University; in criminal law, an accused person is a principal in the first degree (i.e., the actual perpetrator of the crime) or in the second dgree (i.e., one who merely aids and abets).means a degree obtained by examination after a minimum of three years' study, although a research degree obtained by thesis, or a degree obtained by examination in less than three years may be considered on its merits, including, if necessary, the qualifications on which registration for the degree was based, Consolidated Regulations of the Four Inns of Court (1988) Sch. 2, Category II(a) (UK) Halsbury's Laws of England 3(1), para 374, p. 290....
In furtherance of the common intention
In furtherance of the common intention, to invoke the aid of s. 34 Indian Penal Code, 1860 success-fully, it must be shown that the criminal act com-plained against was done by one of the accused persons in the furtherance of the common intention of all; if this is shown, then liability for the crime may be imposed on any one of the persons in the same manner as if the act were done by him alone. (AIR 1945 PC 118 followed), Shankarlal Kacharbhai v. State of Gujarat, AIR 1965 SC 1260 (1262): 1965 Cri LJ 226. (Indian Penal Code s. 34)...
Laudatio
Laudatio, testimony deliver in Court concerning an accused person's good behaviour and integrity of life. It resembled the practice which prevails in our trials of calling persons to speak to a prisoner's character. The least number of the laudatores among the Romans was ten....
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
Retry
To try esp judicially a second time as to retry a case to retry an accused person...
Related witness and interested witness
Related witness and interested witness, 'related' is not equivalent to 'interested'. A witness may be called 'interested' only when he or she derives some benefit from the result of a litigation; in the decree in a civil case, or in seeing an accused person punished. A witness who is a natural one and is the only possible eyewitness in the circumstances of a case cannot be said to be 'interested', State of Rajasthan v. Kalki, AIR 1981 SC 1390 (1391): (1981) 2 SCC 752: (1981) 3 SCR 504. (Evidence Act, 1872, s. 3)...
Caution
Caution, a species of bail; security. When used in this sense, the word is pronounced 'cayshon.'--Scots Law. In England, any warning. A prisoner or accused person is 'cautioned' before making a statement, that such statement may be used in evidence upon his trial.Caution.--Under the (English) Land Registration Act, 1925, ss. 54 to 56, is a notice to the Registrar in the nature of a caveat to the effect that the cautioner is entitled to be served with a notice of any application for the registration of an interest in registered land affecting the cautioner. Registration, as a rule, will to be effected until a reasonable time (usually 14 days) has elapsed after service of notice, or the cautioner has entered an appearance. Cautions may be lodged against first registration to protect unregistered mortgages, contracts for purchase, the vesting of equitably settled estates and other purposes. Cautions to protect unregistered mortgages under s. 106 of the (English) L. R. Act, 1925, confer a ...
Takes or entices any guardian of such minor
Takes or entices any guardian of such minor, the words 'takes or entices any minor out of the keeping of the lawful guardian of such minor' ins. 361, are significant. The use of the word 'Keeping' in the context connotes the idea of charge, protection, maintenance and control: further the guardian's charge and control appears to be compatible with the independence of action and movement in the minor, the guardian's protection and control of the minor being available, whenever necessity arises. On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial: it is only the guardian's consent which takes the case out of its purview. Nor is it necessary that the taking or enticing must be shown to have been by means of force or fraud. Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian would be sufficient to attract the section, State of Haryana v. Raja Ram, AIR 197...
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