Imprisonment For Life - Law Dictionary Search Results
Home Dictionary Name: imprisonment for lifeImprisonment 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....
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....
Imprisonment
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...
Specific provision to the contrary
Specific provision to the contrary, in the absence of any specific provisions to the contrary, the purpose of the Haryana legislature as well as of the Parliament in enacting the Haryana Children Act and the central Children Act (Act 60 of 1960) respectively was to give separate treatment to delinquent children in trial, conviction and punishment for offences including offences punishable with death or imprisonment for life. S. 27 is not 'a specific provision to the contrary', within the meaning of s. 5 of the Act; the intention of the Parliament was not to exclude the trial of delinquent children for offences punishable with death or imprisonment for life, inasmuch as s. 27 does not contain any expression to the effect 'notwithstanding anything contained in any Children Act passed by any State legislature'. Parliament certainly was not unaware of the existence of the Haryana Children Act coming into force a month earlier or the central Children Act coming into force nearly fourteen ye...
Unnatural offence
Unnatural offence, the infamous crime against nature, either with man or beast, punishable by the Offences against the Person Act, 1861, by penal servitude for life or any term not less than ten years, but this minimum punishment was abolished by the Penal Servitude Act, 1891.Unnatural offences, whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. (Penal Code, 1860, s. 377)...
Being under sentence of life imprisonment
Being under sentence of life imprisonment, means it would be limited to a sentence which has become final, absolute and indivisible so far as judicial process is concerned. In a broad sense, it may also include a sentence which has not become final, but is being impeached or is still liable to be impeached by way of appeal or revision or other mode known to law, Dilip Kumar Sharma v. State of Madhya Pradesh, AIR 1976 SC 133: (1976) 2 SCR 289: (1976) 1 SCC 560. [Penal Code (45 of 1860), s. 303]...
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...
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)]...
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