Culprit - Law Dictionary Search Results
Home Dictionary Name: culpritCulprit
Culprit. The prisoner at the Bar awaiting his trial after a plea of not guilty. 'Its first recorded use is in the trial of the Earl of Pembroke for murder in 1678. Its original force was formerly to join issue with the defendant's plea of Not guilty and to demand trial and judgment.'-Oxf. Dict., art. 'Culprit,' where see discussion of the disputed derivations of the word. It is thus derived by Donaldson. The clerk asks the prisoner, 'Are you guilty or not guilty ?' Prisoner, 'Not guilty.' Clerk, 'Qu'il paroit [may it prove so]; how will you be tried ?' Prisoner, 'By God and my country.' These words, being hurried over, came to sound, 'Culprit, how will you be tried ?' Blackstone's derivation is entirely different; see 4 Bl. Com. 339....
Confession by culprit
Confession by culprit, the acknowledgment by a criminal of the offence charged against him when charged by any person or called upon to plead to the indictment. A confession before trial, if given without any inducement of favour or threat of punishment, is evidence against the person charged even though he may be in custody (R. v. Best, (1909) 1 KB 692), and by the Criminal Justice Act, 1925 (c. 86), s. 12, replacing Indictable Offences Act, 1848, s. 18, and the Summary Jurisdiction Act, 1879, s. 13 (2), justices of the peace are directed to give an accused person 'clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him' to make any confession of guilt. See ACCUSED....
Attempt
Attempt [fr. tentare, Lat.; tenter, temter, tempter, O. Fr. to try], an endeavour to commit a crime or unlawful act. Persons indicted for a felony or misdemeanour may be found guilty only of an attempt to commit the same. (English) Criminal Procedure Act, 1851, 14 & 15 Vict. c. 100, s. 9In criminal law means an overt act that is done with the intent to commit a crime but that falls short of completing the crime. Attempt is an inchoate offence distinct from the attempted crime, Black Law Dictionary 7th Edn., p. 123.What constitutes an 'attempt' is a mixed question of law and fact, depending largely on the circumstances of the particular case. 'Attempt' defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes prep...
Culprit
One accused of or arraigned for a crime as before a judge...
Pardonable
Admitting of pardon not requiring the excution of penalty venial excusable applied to the offense or to the offender as a pardonable fault or culprit...
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....
Complaint
Complaint. This term is most generally used with reference to Courts of Summary Jurisdiction where proceedings are commenced 'on information,' but is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See STATE-MENT OF CLAIM. As to when a 'complaint' made to a third person and not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. v. Norton, (1910) 2 KB 496.Means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (d)]Means--(i) a consumer; or(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or(iii) the Central Government or any State G...
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