Imprisonment - Law Dictionary Search Results
Home Dictionary Name: imprisonmentImprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
Imprisonment for life
Imprisonment for life, S. 428, Cr PC, 1973, does not apply to those convicted for 'imprisonment for life'. It is applicable only in case of accused persons who have, on conviction, been sentenced to imprison-ment for a term and the Penal Code as well as the Criminal Procedure Code make and maintain a clear distinction between 'imprisonment for a term' and 'imprisonment for life' in that the former means imprisonment for a definite or fixed period while the latter means imprisonment for the remainder of the natural life of the convict. The periods of life term mentioned in s. 57, IPC or the remission rules contained in Jail Manual (e.g. Para 516B of Punjab/Haryana Jail Manual) are irrele-vant in this context, Kartar Singh v. State of Haryana, AIR 1982 SC 1439: (1982) 3 SCC 1: (1983) 1 SCR 445.The expression 'imprisonment for life' must be read in the context of s. 45, IPC. So read in it would ordinarily mean imprisonment for the full or complete span of life, Ashok Kumar v. Union of Ind...
Imprisonment for life and Imprisonment for a term
Imprisonment for life and Imprisonment for a term, there is a clear distinction between imprison-ment for life and imprisonment for a term, in fact, the two expressions imprisonment for life, and 'imprisonment for a term' have been used in contradistinction with each other, in one and the same section, where the former, must mean imprisonment, for the remainder of the natural life of the convict (vide: definition of 'life' in s. 45, I.P.C.) and the latter must mean imprisonment for a definite or fixed period, Kartar Singh v. State of Haryana, (1982) 3 SCC 1: AIR 1982 SC 1439. (Cr PC, 1973, s. 428; Indian Penal Code, s. 57)...
Term, imprisonment for life and imprisonment for a term
Term, imprisonment for life and imprisonment for a term, the word 'term' does not necessarily imply a concept of ascertainability or conveys a sense of certainty. s. 53, 53-A(4) and (b), 57 or 65 IPC do not militate against this conclusion, nor the words 'for a term which may extend to one half of the imprisonment for life' in s. 511, IPC support this conclusion. The expressions 'imprisonment for life' and 'imprisonment for a term' are not used either in the Penal Code or in the Criminal Procedure Code in contradistinction with each other, Bhagirath v. Delhi Administration, AIR 1985 SC 1050 (1052): (1985) 2 SCC 580: (1985) 3 SCR 743....
False imprisonment
False imprisonment, restraining personal liberty without lawful authority, for which offence the law has not only decreed a punishment as a public crime, but has also given a private reparation to the party as well by removing the actual confinement for the present by habeas corpus, as by subjecting the wrongdoer to an action of trespass, etc., usually called an action of false imprisonment, on account of the damage sustained by the loss of time and liberty. It must amount to a total restraint of the plaintiff's liberty for some period, however short, see Bird v. Jones, (1845) 7 QB 742. As to the persons liable, see Walters v. W.H. Smith & Son, Ltd., (1914) 1 KB 595; Herd v. Weardale Steel Co., 1915 AC 67. The onus of proving the defence of reasonable or probable cause lies on the defendant. An action for false imprisonment must not be confused with one for malicious prosecution where the onus of proving absence of reasonable and probable cause lies on the plaintiff, Sewell v. National...
Imprisonment for a term
Imprisonment for a term, imprisonment for a term means imprisonment for a definite or fixed period, Kartar Singh v. State of Haryana, AIR 1982 SC 1439 (1442): (1982) 3 SCC I....
Rigorous imprisonment for life
Rigorous imprisonment for life, means if a portion of the period of transportation for life is to be treated as sentence of rigorous imprisonment for the same term, naturally, the entire transportation period is to be treated as 'rigorous imprisonment for life', Mohd. Munna v. Union of India, (2005) 7 SCC 417....
imprison
imprison : to confine in prison esp. as punishment for a crime compare false imprisonment im·pris·on·ment n ...
Imprison ment
The act of imprisoning or the state of being imprisoned confinement restraint...
Sentenced to imprisonment
Sentenced to imprisonment, the words 'sentenced to imprisonment' occurring after the words 'convicted by a competent court' in the second proviso do not mean 'condemned to prison on conviction', State of Maharashtra v. Chandrabhan, AIR 1983 SC 803 (808): (1983) 3 SCC 387: (1983) 3 SCR 337....
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