Criminal Negligence - Law Dictionary Search Results
Home Dictionary Name: criminal negligencecriminal negligence
criminal negligence see negligence ...
Rashness and criminal negligence
Rashness and criminal negligence, criminal negli-gence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the imperative duty of the accused person to have adopted, S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685: (1972) 3 SCC 18...
Criminal negligence
Criminal negligence, is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which having regard to all the circumstances out of which the charge has arisen, it was the imperative date of the accused person to have adopted, Jacob Mathew v. State of Punjab, (2005) 6 SCC 1....
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
homicide
homicide [Latin homicidium, from homo human being + caedere to cut, kill] 1 : a person who kills another 2 : the killing of one human being by another compare manslaughter, murder criminal homicide : homicide committed by a person with a criminal state of mind (as intentionally, with premeditation, knowingly, recklessly, or with criminal negligence) deliberate homicide : homicide caused purposely and knowingly used in Montana excusable homicide : homicide that is committed by accident or misfortune by a person doing a lawful act by lawful means with usual and ordinary caution and without any unlawful intent and that is excused under the law with no criminal punishment imposed ;also : justifiable homicide in this entry felonious homicide : homicide committed without justification homicide by misadventure : homicide that occurs as the result of an accident caused by a person doing a lawful act with no unlawful intent justifiable homicide : homicide that is committed in self-...
culpable negligence
culpable negligence : criminal negligence at negligence ...
Rash act
Rash act, a rash act is primarily an over hasty act. It is opposed to a deliberate act. Still a rash act can be a deliberate act in the sense that it was done without due care and caution. Culpable rashness lies in running the risk of doing an act with recklessness and with indifference as to the consequences. Criminal negligence is the failure to exercise duty with reasonable and proper care and precaution guarding against injury to the public generally or to any individual in particular. It is the imperative duty of the driver of a vehicle to adopt such reasonable and proper care and precaution, Mohd. Aynuddin v. State of Andhra Pradesh, AIR 2000 SC 2511 (2512): (2000) 7 SCC 72. (Indian Penal Code, s. 304A)...
Rashness
Rashness, Rashness consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury. The criminality lies in such a case in running the risk of doing such an act with recklessness or indifference as to the consequences. Criminal negligence on the other hand, is the gross and culpable neglect or failure of exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the impera-tive duty of the accused person to have adopted, S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685 (687): 1972 3 SCC 18. (Indian Penal Code, s. 304A)...
cruelty
cruelty pl: -ties 1 a : an intentional or criminally negligent act that causes pain and suffering [ to animals] [ to children] b : mistreatment or neglect that causes pain and suffering compare abuse NOTE: Cruelty is an aggravating circumstance to a crime (as murder). 2 : a spouse's conduct that endangers life or health or causes mental suffering or fear called also cruel and inhuman treatment NOTE: Cruelty is a ground for divorce. ...
Mens rea and negligence
Mens rea and negligence, Mens rea and negligence are both fault elements, which provide a basis for the imposition of liability in criminal cases. Mens rea focuses on the mental state of the accused and requires proof of a positive state of mind such as intent, recklessness or wilful blindness. Negligence, on the other hand, measures the conduct of the accused on the basis of an objective standard, irrespective of the accused's subjective mental state, Assistant Commissioner v. Villiappa Textiles, (2003) 11 SCC 405 (436)...
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