Guilty - Law Dictionary Search Results
Home Dictionary Name: guilty Page: 4 Page 4 of about 256 results ( seconds)Reasonable grounds
Reasonable grounds, means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence, Collector of Customs v. Ahmadalieva Nodira, (2004) 3 SCC 549 (552). [N.D.P.S. Act, 1985, s. 37(1)(b)]...
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...
Perjury
Perjury, telling lie in a court, Swaran Singh v. State of Punjab, (2005) 5 SCC 668. [Code of Criminal Procedure, 1973 Ch 26]The offence committed when a lawful oath or affirmation (see OATHS and AFFIRATION) is administered and the witness swears or affirms falsely in a matter material to the issue.The law on this subject is now contained in the (English) Perjury Act, 1911, 'an Act to consolidate and simplify the law relating to perjury and kindred offences'; it repeals the whole of the Acts 5 Eliz. c. 9 and 2 Geo. , c. 25 [the (English) Perjury Act, 1728] and portions of one hundred and thirty other statutes. The Act may be briefly summarised as follows: If any person lawfully sworn as a witness or as an interpreter in a 'judicial proceed-ing' wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he will be guilty of perjury and liable to penal servitude for not exceeding seven years, or imprisonment with or without hard labo...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Nocent
Nocent, guilty; criminal.Nocent, means 'harm'. Injurious; Harmful; Guilty; Criminal. This word is the little-used antonym of Innocent, Black's Law Dictionary, 7th Edn., p. 1069....
Negligence per se
Negligence per se, conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes, Black's Law Dictionary; See also State of Haryana v. Santra, (2000) 5 SCC 182.Negligence per se is defined as 'Conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to be particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be ...
Misdemeanour
Misdemeanour, 1. A crime that is less serious than a felony and is usually punishable by fine, penalty. Forfeiture or confinement in a place other than prison, Black's Law Dictionary, 7th Edn., p. 1014.Misdemeanour, a crime less than felony, as perjury, obtaining money by false pretences, endeavouring to conceal a birth, and fradulently obtaining property on credit and not having paid for it within four months of bankruptcy, which are misdemeanours by statute; and any attempt to commit a felony or misdemeanour, whether the crime attempted be so by statute or Common Law (Arch. Cr.Pl., 2); any disobedience of a statute, Reg. v. Hall, (1891) 1 QB 747; any incitement of another to commit a felony where no such felony is actually committed, Reg. v. Gregory, (1867) LR 1 CCR 77; sale of provisions unfit for food, R. v. Dixon, (1814) 3 M&S 11; public nuisances (see NUISANCE); and very many other offences, which are misdemeanours at Common Law. 'In the present state of our law we can only defin...
Minatur innocentibus, qui parcit nocentibus
Minatur innocentibus, qui parcit nocentibus [Lat.], he threatens the innocent who spares the guilty.--4 Co. 45.--(He threatens the innocent who spares the guilty.)...
Verdict
Verdict [fr. vere dictum, Lat.], the determination of a jury declared to a judge.1. A jury's finding or decision on factual issue of a case 2. Loosely, in a non jury trial, a judge's resolution of the issues of a case.The verdict is either general or special. A general verdict is given, viva voce, by the jury, thus, 'We find for the plaintiff, damages -,' or, if for the defendant, then, 'We find for the defendant.' In criminal cases a general verdict is either Guilty, or Not Guilty. If there be several issues, the verdict may be distributed, some issues being found for the plaintiff and others for the defendant. A verdict must comprehend the whole issues submitted to a jury in the particular cause, otherwise the judgment founded upon it may be reversed. See SPECIAL VERDICT; PREVERSE VERDICT....
Infanticide
Infanticide, means (1) The act of killing a newborn child, esp. by the parents or with their consent, in archaic usage, the word referred also to the killing of an unborn child. Also termed child destruction; neonaticide. (2) The practice of killing newborn children. (3) One who kills a newborn child, Black's Law Dictionary, 7th Edn., p. 781.Infanticide, the killing of a child immediately after it is born. The felonious destruction of the feticide, or criminal abortion.In every case in which an infant is found dead, and its death becomes the subject of judicial investiga-tion, the great questions which present themselves for inquiry are:-(1) What is the age of the child?(2) Was the child born alive?(3) If born alive, how long had it lived?(4) If born alive, by what means did it die?If it be proved that its death was owing to violence, it is then to be ascertained who the murderer of it is. If suspicion fall upon the mother, it is to be determined--(1) Whether she has been delivered of ...
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