Life Sentence - Law Dictionary Search Results
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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]...
sentence
sentence [Old French, opinion, judicial sentence, from Latin sententia, ultimately from sentire to feel, think, express an opinion] 1 : a judgment formally pronouncing the punishment to be inflicted on one convicted of a crime 2 : the punishment that one convicted of a crime is ordered to receive concurrent sentence : a sentence that runs at the same time as another consecutive sentence : a sentence that runs before or after another cumulative sentence : consecutive sentence in this entry ;also : the combination of two or more consecutive sentences death sentence : a sentence condemning the convicted defendant to death de·ter·mi·nate sentence [di-tər-mə-nət-] : a sentence for a fixed rather than indeterminate length of time general sentence : a sentence that does not allocate the punishment imposed for the individual counts on which the defendant was convicted NOTE: General sentences are impermissible. in·de·ter·mi·nate s...
Child
Child, means any person below the age of eighteen years and includes any adopted, step or foster child. [Protection of Woman from Domestic Violence Act, 2005 (43 of 2005), s. 2(b)]Child includes a still-born child. [Maternity Benefit Act, 1961 (53 of 1961), s. 3 (b)]Means a person who has not completed fourteen years of age. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (52 of 1966), s. 2 (b)]Means a person who has not completed his fifteenth year of age. [Factories Act, 1948 (63 of 1948), s. 2 (c)]Means a person who has not completed his fourteenth year of age. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (ii)Means a person who has not completed his fourteenth year of age. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (a)]Means a person who has not completed his fourteenth year of age. [Minimum Wages Act, 1948 (11 of 1948), s. 2 (bb)]Means a person who has not completed the age of sixteen years. [Immoral Traffic (Prevention) A...
Death penalty
Death penalty, means death by hanging. The punishment only for high treason and piracy with violence. The capital punishment for murder was abolished by the murder (Abolition of Death Penalty) Act, 1965 and a sentence of life imprisonment substituted, Dictionary of Law, L.B. Curzon, 4th Edn., 1993, p. 53 [Murder (Abolition of Death Penalty) Act, 1965 (UK)]....
Right to life
Right to life, the 'right to life' includes the right to livelihood. The sweep of the right of life conferred by Article 21 is wide and far reaching. It does not mean merely that life cannot be extinguished or taken away as, for example, by the imposition and execution of the death sentence, except according to procedure established by law. That is but one aspect of the right of life. An equally important facet of that right is the right to livelihood because, no person can live without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as a part of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation. Such deprivation would not only denude the life of its effective content and meaningfulness but it would make life impossible to live. And yet, such deprivation would not have to be in accordance with the procedure established...
Capital offences
Capital offences, those crimes upon conviction of which the offender is condemned to be hanged. The only crimes now punishable with death are high treason; murder; destruction of H. M. Ships, arsenals, etc. (12 Geo. 3, c. 24); piracy when accompanied by attempted murder [(English) Piracy Act, 1837 (7 Wm. 4 & 1 Vict. c. 88) s. 2]. See PIRACY.Originally all felonies were capital, but early in the 19th century, mainly through the exertions of Sir Samuel Romilly, the severity of the law was mitigated by rapid steps in this respect. Larceny in a dwelling-house up to the value of 40s. was long a capital offence, with the result that juries, to save a prisoner's life, would often falsely find that valuable goods stolen were of the value of 39s.Sentence of death cannot be pronounced on or recorded against a young person under 18. [Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 53]...
Dismissed
Dismissed, denotes both termination of service for misconduct by way of punishment and also termination of service simpliciter, Workers Employed in Hirakud Dam v. State of Orissa, (1971) 1 SCC 583: AIR 1971 SC 2242: (1971) 3 SCR 646.Power to dismiss an appeal in limine is a power which must be exercised sparingly and with great circumspection. One would think a conviction for murder and a sentence of imprisonment for life were serious enough matters for the High Court to warrant 'admission' of the appeal and fair and independent consideration of the evidence by the High Court. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. One cannot also overemphasise the importance of the High Court making a speaking order when dismissing a criminal appeal in limine. 'The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper f...
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....
Acquittal
Acquittal, The legal certification usually by jury verdict that an accused person is not guilty of the charged offence. [fr. acquitter, Fr.; quietus, Lat., to free, acquit, or discharged], a deliverance and setting free of a person from the suspicion or guilt of an offence; also to be free from entries and molestations by a superior lord, for services issuing out of lands, Cowel. Acquittal is of two kinds--(1) Acquittal in deed, as when a person is cleared by verdict; and (2) Acquittal in law, as if two be indicted for a felony, the one as principal and the other as accessory, and the jury acquit the principal, by law the accessory is also acquitted, 2 Inst. 384.Means the legal certification, usually by jury verdict, that an accused person is not guilty of the charged offence, Black Law Dictionary, 7th Edn., p. 24.If person is acquitted and ordered to be discharged it is illegal any longer to detain him, and the duty of seeing that he is at once discharged is upon the governor of the p...
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