Criminal - Law Dictionary Search Results
Home Dictionary Name: criminalCriminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Central Criminal Court
Central Criminal Court. This court was created by the (English) Central Criminal Court Act, 1834 (4 & 5 Wm. , c. 36), for the trial of all cases of treasons, murders, felonies, and misdemeanours committed within the county of Middlesex, and in certain specified parts of the counties of Essex, Kent, and Surrey, all of which constitute one county for the purpose of the Act, and also commissions of goal delivery to deliver the goal of Newgate of the prisoners therein charged with any of the offences aforesaid. The Court consists of the Lord Mayor and Aldermen and also of the Judges; and there are twelve sessions held in every year, at times fixed by four or more of the judges of the High Court, (English) (Judicature Act, 1925, s. 74). The 17th section of the Act authorizes the Court to try offences committed on the high seas; and the (English) Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to orde...
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
Criminal 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...
Criminal information
Criminal information, a proceeding in the King's Bench Division of the High Court of Justice atthe suit of the king,without a previous indictment or presentment by a grand jury. Criminal informa-tions are of two sorts: (1) Ex officio, which is a formal, written suggestion of an offence com-mitted, filed bby the Attorney-General, or, in the vacancy of that office, by the Solicitor-General, in the King's Bench Division of the High Court, without the intervention of a grandjury. It lies for misdemeanours only, and not for treasons or felonies. The informationis filed in the Crown Office without the previous leave of the Court. (2) Information by the Master of the Crown Office, which is filed at the instance of an individual called 'the relator,' with the leave of the Court; and usually confined to gross and notorious misdemeanours, riots, batteries, libels, and other immoralities. Criminal informations may also be filed against judges and magistrates for illegal, unjust,and wilfully oppre...
Criminal Law
Criminal Law. Consult Archbold's Criminal Pleading; Chitty's Statutes, tit. 'Criminal Law'; Stephen's Digest of the Criminal Law; Russell on Crimes; and see titles ARSON, ASSAULT, BURGLARY, EMBEZZLE-MENT, FALSE PRETENCES, LARCENY, MAN-SLAUGHTER, MURDER, RAPE, TREASON, and WOUNDING.The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishment for convicted offenders, Black's Law Dictionary, 7th Edn....
Criminal proceeding
Criminal proceeding, a criminal proceeding is ordinarily one in which if carried to its conclusion it may result in the imposition of sentences such as death, imprisonment, fine or forfeiture of property. It also includes proceedings in which in the larger interest or the state, orders to prevent apprehended breach of the peace, orders to bind down persons who are a danger to the maintenance of peace and order, or orders aimed at preventing vagrancy are contemplated to be passed, S.A.L. Narayan Row v. Ishwarlal Bhagwandas, AIR 1965 SC 1818 (1821): (1966) 1 SCR 190. [Constitution of India, Art. 134(1)]The exclusionary clause in s. 5 is to be interpreted as a whole and 'criminal proceedings' means a criminal inquiry or a trial before a court and the 'accused' means a person actually arraigned, that is, put on a trial, Laxmipat Choraria v. State of Maharashtra, AIR 1968 SC 938 (944). (Oaths Act, 1873, s. 5)...
Notwithstanding anything contained in the Code of Criminal Procedure
Notwithstanding anything contained in the Code of Criminal Procedure, the words 'notwithstandi-ng anything contained in the CrPC' found at the beginning of s. 5A(1) merely carve out a limited exemption from the provisions of the CrPC insofar as they limit the class of persons who are competent to investigate into offences mentioned in the section and to arrest without a warrant. It does not mean that the whole of the CrPC, including schedule II thereof, is made inapplicable, Union of India v. Maj. I.C. Lala, AIR 1973 SC 2204: (1973) 2 SCC 72: (1973) 3 SCR 818. [Prevention of Corruption Act, 1947, s. 5A (1)]...
criminal procedure
criminal procedure : the steps taken and methods used in bringing and conducting a criminal action ;also : a course of study in the rules of procedure in criminal actions ...
criminalize
criminalize -ized -iz·ing : to make criminal : outlaw [the statute criminalizing the use of contraceptives "R. H. Bork"] compare illegalize crim·i·nal·i·za·tion [kri-mə-nə-lə-zā-shən, -lī-] n ...
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