Life Sentence - Law Dictionary Search Results
Home Dictionary Name: life sentence Page: 2Rigorous 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...
Commute
To exchange to put or substitute something else in place of as a smaller penalty obligation or payment for a greater or a single thing for an aggregate hence to lessen to diminish as to commute a sentence of death to one of imprisonment for life to commute tithes to commute charges for fares...
Sentence
Sentence, denotes 'A person who is convicted and sentenced to imprisonment is deemed to have been awarded that punishment even in the case where the sentence is suspended for some reason or other, State of Maharashtra v. Chandrabhan Tale, AIR 1983 SC 803: (1983) 3 SCC 387.Sentence, denotes the action of the court before which the trial is held, declaring the consequences to the convict of the fact thus ascertained. Any consequence which flows after conviction can be looked upon as sentence, Mohammad Shabir Maulamaiya v. State of Maharashtra, (1977) Mah LJ 338.Means the judgment that a court formally pronoun-ces after finding a criminal defendant guilty, the punishment imposed on a criminal wrongdoer, Black's Law Dictionary, 7th Edn., p. 1367.The expression 'sentence' must be restricted to a sentence which is final, conclusive and ultimate so far as the judicial remedies are concerned. The alternate interpretation is likely to lead to confusion, inconsistency and contradiction and in pr...
Sentence of a Court
Sentence of a Court, a definite judgment pro-nounced in a criminal proceeding. In the case of indictable offences (except murder, on conviction of which the Court is bound to pronounce sentence of death, by s. 2 of the Offences against the Person Act, 1861 (but see next title), and treason) the extent of the sentence is within a given maximum left to the discretion of the Court, such few maximum sentences as previously were enjoined having been abolished by the (English) Penal Servitude Act, 1891. In passing sentence reference should not be made to the unexpired portion of any former sentence, as this has to be served by virtue of s. 9 of the (English) Penal Servitude Act, 1864; R. v. Smith, (1909) 2 KB 756.See the (English) Infanticide Act, 1922, when in certain cases a verdict of infanticide may be returned, notwithstanding that the circumstances were such that, but for the Act, would have amounted to murder.There is an express power of refraining from sen-tencing at once to punishme...
Sentence of death, Recording of
Sentence of death, Recording of. See the disused but still unrepealed Judgment of Death Act, 1823 (4 Geo. 4, c. 48), 'to enable Courts to abstain from pronouncing sentence of death in certain capital felonies,' and enter judgment on the record instead--which had the effect of a reprieve.The (English) Children Act, 1933, s. 53(1), provides as follows:-Sentence of death shall not be pronounced on or recorded against a person under the age of eighteen, but in lieu thereof the Court shall sentence him to be detained during His Majesty's pleasure, and, if so sentenced, he shall, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and under such conditions as the Secretary of State may direct....
The sentence imposed
The sentence imposed, is a sentence of imprison-ment or detention and therefore the requirement for a statement showing to what extent the sentence has not been carried out must also relate to a sentence of imprisonment or detention. [United States of America (Extradition) Order 1976 (SI 1976/2144), Sch. I, arts III (4), VII(4)]...
Accumulative judgment, Sentence
Accumulative judgment, Sentence. If a person already under sentence for a crime be convicted of another offence, the court is empowered to pass a second sentence, to commence after the expiration of the first....
Prisoner under sentence of death
Prisoner under sentence of death, the expression 'prisoner under sentence of death' can only mean the prisoner whose sentence of death has become final and conclusive and indefeasible which cannot be annulled or voided by any judicial or con-stitutional procedure. Sunil Batra v. Delhi Administration, AIR 1978 SC 1675 (1730): (1979) 1 SCR 392: (1978) 4 SCC 494. [Prisons Act, 1894, s. 30 (2)]...
Pass sentence according to law
Pass sentence according to law, the power of the appellate court to pass a sentence must be measured by the power of the court from whose judgment an appeal has been brought before it, Jagat Bahadur v. State of Madhya Pradesh, AIR 1986 SC 945 (947). [Cr PC 1898, s. 423 (1) and 31(1)]...
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