Imprisonment For A Term - Law Dictionary Search Results
Home Dictionary Name: imprisonment for a termTerm, 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....
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)...
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....
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...
Penal Servitude
Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.(2) where under any Act now in force or un...
Poison
Poison (poison, Fr.; fr. potio, Lat., a drink--applied originally to a medicated drink or draught].The administration of poison or other destructive thing, if done with intent to commit murder, is a felony, punishable with penal servitude for life, or any term not exceeding three years, or with imprisonment for any term not exceeding two years [(English) Offences against the Person Act, 1861, s. 11], and so is the attempt to administer with like intent, whether bodily injury be effected or not (s. 14).On a trial for murder of A, by poisoning, evidence of a subsequent poisoning of other persons is admissible against the prisoner, Reg. v. Geering, (1849) 18 LJMC 215; Rex v. Armstrong, (1922) 38 TLR 631; as also of antecedent poisoning, Reg. v. Garner, (1863) 3 F&F 681.Unlawful and malicious administering of poison so as to endanger life or to inflict grievous bodily harm is a felony, punishable by penal servitude up to ten years, or imprisonment; and such adminis-tration with intent to i...
Accessary, or Accessory
Accessary, or Accessory [particeps criminis quasi accedens ad culpam, Lat. As though assenting to the offence], he who is not a chief actor at a felony, nor present at its perpetration, but yet is in some way concerned therein, either before or after the fact committed. An accessory before the fact is one who being absent at the time of the commission of the felony, yet procures, counsels, or commands another to commit a crime. Absence is necessary to make him an accessory, for if he be present, he becomes a principal. An accessory after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon; but a wife may lawfully receive, comfort and assist her husband, though knowing him to be a felon. In treason and misdemeanours there are no accessories, either before or after the offence, every person implicated being a principal [see (English) Accessories and Abettors Act, 1861, s. 8, and Du Cross v. Lambourne, (1907) 1 KB 40]. In mansla...
Brawling
Brawling [fr. brailler, Fr., to brawl], the offence of quarrelling, or creating a disturbance in the church or churchyard, punished by 5 & 6 Edw. 4, c. 4 [partly repealed by 9 Geo. 4, c. 31, s. 1, and wholly repealed as to laymen by the (English) Ecclesiastical Courts Jurisdiction Act, 1860 (23 & 24 Vict. c. 32)], by excommunication and suspension, and also, by the unrepealed but disused 1 Mary, st. 2, c. 3, by imprisonment until the party repent.By the Act of 1860, persons guilty of riotous, violent, or indecent behaviour in churches and chapels of the Church of England or Ireland, or in any chapel of any religious denomination, or in England in any place of religious worship duly certified under the (English) Places of Worship Registration Act, 1855 (18 & 19 Vict. c. 81), or in church-yards or burial grounds, on conviction before two justices are made liable to a penalty of not more than 5l., or imprisonment for any term not exceeding two months, See Matthews v. King, (1934) 1 KB 505...
Warrant-case
Warrant-case, means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (x)]...
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
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