Continuing Offence - Law Dictionary Search Results
Home Dictionary Name: continuing offenceContinuing offence
Continuing offence, means type of crime which is committed over a span of time, Gokal Patel Volkart Ltd. v. Dundoyya Guru Shiddaiah Hiremath, (1991) 2 SCC 141 (145). [Criminal Procedure Code, 1973, s. 472 and 468(2)(a)]A continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all. It is one of those offences which arises out of a failure to obey or comply with a rule or its requirement and which involves a penalty, the liability for which continues until the rule or its requirement is obeyed or complied with. On every occasion that such disobedience or non-compliance occurs and reoccurs, there is the offence committed. The distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues, and therefore, constitutes a fresh offence every time or occasion on which it continues, State of Bihar v. Deokaran Nenshi, (1972) 2 ...
Continuing default
Continuing default, in 'Words and Phrases', Permanent Edition, under the head 'Continuing Offence', instances have been given which indicate that as long as the default continues the offence is deemed to repeat and, therefore, it is taken as a continuing offence, Maya Rani Ponj v. C.I.T, AIR 1986 SC 293 (299): (1986) 1 SCC 445....
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Offence
Offence, crime; act of wickedness. It is used as a genus, comprehending every crime and misde-meanour, or as a species, signifying a crime not indictable, but punishable summarily, or by the forfeiture of a penalty.There are certain acts which are heinous sins and odious in the public eye and are punishable in the Ecclesiastical Courts, but not being punishable at Common Law, and the proceedings in the Ecclesiastical Courts being held to be prosalute anim' and not to entail any temporal injury, they cannot be classed with ordinary Common Law and statutory offences; and it is no slander to impute them unless special damage follows.Other offences are divided into three classes, viz.:-(1) Treasons; (2) Felonies; and (3) Misdemeanours. See several titles.Consult Russell on Crimes; Archbolds' or Roscoe's Criminal Evidence.It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under s. 20 of the Cat...
Second offence
Second offence, the word 'second' in the ex-pression 'second offence' in s. 16(1) of the Prevention of Food Adulteration Act, 1954, means second in time, and not second of the same type. The 'second offence' must be an offence under the Act although it is says that if any person does any of the acts mentioned in cls. (a) to (g) in it, he shall be punishable for the first offence with a certain penalty, for the second offence with a higher penalty and for the third a still higher penalty, Jagdish Prasad v. State of U.P., AIR 1966 SC 290 (292): (1965) 3 SCR 806. See also AIR 1960 Ker 240 (241). [Prevention of Food Adulteration Act, 1954, s. 16(1)]The words 'second offence' must, mean any act which is an offence under any of the clauses in the sub-s. which has been done later in point of time after a conviction for an offence under the Act, no matter whether the acts or omissions constituting the two offences are of the same type or not, Jagdish Prasad v. State of Uttar Pradesh, AIR 1986 ...
Every distinct offence
Every distinct offence, The expression 'every dis-tinct offence' must have a different content from the expression 'every offence' or 'each offence'. A separate charge is required for every distinct offence and not necessarily for each separate offence 'Distinct' means 'not identical'. It stresses characteristics that distinguish while the word 'separate' would stress the 'two things not being the same'. Two offences would be distinct if they be not in any way inter-related. If there be some inter-relation there would be no distinctness and it would depend on the circumstances of the case in which the offences were committed, whether there be separate charges for those offences or not, Banwarilal Jhunjhunwala v. Union of India, AIR 1963 SC 1620 (1624). (Criminal Procedure Code, 1973 s. 233)...
Political offence
Political offence. as to the meaning of 'offence of a political character' in the (English) Extradition Act, 1870, see Re Castioni, (1891) 1 QB 149, where it was held that to come within the words of the statute the offence must be incidental to and form part of political disturbances. Cf. Re Meunier, (1894) 2 QB 415.Offences of a political character are well known in International law and the Law of Extradition. The Indian Extradition Act refers to 'offences of a political character'. For our present purpose it is really unnecessary for us to enter into a discussion as to what are political offences except in a sketchy way. It is sufficient to say that politics are about government and therefore, a political offence is one committed with the object of changing the govern-ment of a State or inducing it to change its policy, Rajender Kumar Jain v. State, AIR 1980 SC 1510: (1980) 3 SCR 982: (1980) 3 SCC 435....
Attempt to commit an offence
Attempt to commit an offence, is an act, or a series of acts, which leads inevitable to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part-execution of a criminal design, amounting to more than mere preparation. An attempt to commit an offence can be said to being when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence, Koppula Venkat Rao v. State of Andhra Pradesh, (2004) 3 SCC 602....
Accused 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....
Puis darrein continuance, plea of
Puis darrein continuance, plea of. In olden times, when the pleadings were each entered separately on the record, every entry after the first was called a continuance. When the matter of defence arose after writ, but before plea or continuance, it was said to be pleaded 'to the further maintenance' of the action. When it arose after plea or continuance it was called a plea of puis darrien continuance--since the last continuance; see 1 H&C 797 (Odgers on Pleading, 7th Edn., p. 232).'Pleading after action' is now regulated by Order XXIV. Of the Rules of the Supreme Court....
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