Criminal Law Amendment Act 1961 Section 5 - Law Dictionary Search Results
Home Dictionary Name: criminal law amendment act 1961 section 5Criminal Law Amendment Acts, 1885 to 1928 (English)
Criminal Law Amendment Acts, 1885 to 1928 (English). By the Act of 1885 the procuration of women under twenty-one, and illicit though un-resisted intercourse with girls between thirteen and sixteen, are made misdemeanours, brothel-keepers are made liable to summary proceedings, and prisoners charged with sexual offences are allowed to give evidence on their own behalf. The Act is amended by the Criminal Law Amendment Act,1912, which empowers a constable to arrest without a warrant any person offending against the Act of 1885, provides the flogging offenders, and maks better provision for the suppression of brothels and prostitution. The Act of 1922 provides that the consent to an act of indecency by a child or young person under sixteen shall be no defence to a charge of indecent assault (s. 1). Reasonable cause to believe that a girl was over sixteen shall notbe a defence to a charge undr ss. 5 and 6 of the Act of 1885 (i.e., defilement of a girl between thirteen and sixteen, or permi...
Mercantile Law Amendment Act, 1856 (English)
Mercantile Law Amendment Act, 1856 (English) (19 & 20 Vict. c. 97). Its principal enactments are: (1) that a writ of execution shall not effect a title bona fide acquired before seizure; (2) that in an action for breach of contract to deliver goods sold, a writ for the delivery of the goods may be obtained (these two ss. are repealed by the Sale of Goods Act, 1893, and reproduced by ss. 26 and 52 of that Act); (3) that the consideration for a guarantee need not appear in writing; (4) that a guarantee to or for a firm ceases upon a change in the firm (this s. is repealed by the Partnership Act, 1890, and reproduced by s. 18 of that Act); (5) that a surety who discharges a liability is to be entitled to an assignment of all securities held by the creditor; (Ss. 6 and 7) that an acceptance of a bill of exchange must be in writing, and that 'inland bill of exchange' bears a certain definition-these two sections are repealed by the Bills of Exchange Act, 1882, and reproduced by ss. 7 and 17...
Rape
Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, unde...
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...
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
Abusing children
Abusing children, having carnal intercourse with young girls. If the girl be under the age of 13 (formerly 10 and afterwards 12) years, the offences is a felony punishable with penal servitude for life; if the girl be above the age of 13 (formerly 10 and afterwards 12) and under 16 (formerly 12 and afterwards 13), the offence is a misdemeanour punishable by imprisonment, with or without hard labour, to the extent of two years, (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. C. 69), repealing the (English) Offences against the Person Act, 1875, repealing 24 & 25 Vict. C. 100, ss. 50, 51, which fixed lesser ages as above. The (English) Criminal Law Amendment Act, 1922 (12 & 13 Geo. 5, c. 56), amends the Act of 1885, so that in the case of the second of the above-mentioned offences, it shall be a sufficient defence if it shall be made to appear to the Court or jury that the person charged had reasonable cause to believe that the girl was of, or above the age of 16, but only if h...
Vagrants
Vagrants, sturdy beggars; vagabonds.The Act which is now in force, embodying, mitigating, and extending numerous former provisions, is the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83). It has been extended by the Vagrancy Act, 1838, as to re-commitment on failure to prosecute, appeal, and exhibition of obscene prints; by the (English) Vagrant Act Amendment Act, 1873, as to gambling and betting in streets; by the Vagrancy Act, 1898, amended by the Criminal Law Amendment Act, 1912, s. 7, as to men living on earnings of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:-1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues.First. Idle and Disorderly Persons.-The following are, under the Vagrancy Act, 1824, s. 3, to be deemed 'idle and disorderly persons,' so that any justice of the peace may commit them (being convicted before him) to the house of correction to hard labou...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Consent
Consent, an act of reason accompanied with delib-erations, the mind weighing, as in a balance, the good or evil on either side. Consent supposes three things-a physical power, a mental power, and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, meditated impositions, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind. In relation to Criminal Law, see (English) Criminal Law Amendment Acts, 1885-1922, and see AGE; ABDUCTION.The word 'consent' as used in s. 30(2) of the Sale of Goods Act means 'agreeing on the same thing in the same sense' as defined in s. 13 of the Indian Contract Act. A consent induced by false representation may not be free, but it can nevertheless be real, and ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954...
Statement
Statement, means statement of facts and not the statement of law, Madan Sah v. Laleshwar Choubey, AIR 1994 Pat 149. [See Bihar Buildings (Lease, Rent and Eviction) Control Act (3 of 1947), s. 14(4)]Statement, the primary meaning of the word 'statement' to be found in Shorter Oxford English Dictionary and Webster's New World Dictionary is 'something that is stated'. Another meaning that is given in the Shorter Oxford English Dictionary is 'written or oral communication'. The word 'statement' has been used in number of ss. so the Act in its primary meaning of 'something is stated' and that meaning should be given to it under s. 157 also unless there is something that cuts down that meaning for the purpose of that section, Bhogilal Chunilal Pandya v. State of Bombay, AIR 1959 SC 356 (359): 1959 Supp (1) SCR 310. (Evidence Act, 1872, s. 157)In its dictionary meaning is the act of stating or reciting, 'Prima facie' a statement cannot take in an omission. A statement cannot include that whic...