Offence Of - Law Dictionary Search Results
Home Dictionary Name: offence of Page: 4Those convicted of offences under
Those convicted of offences under, mean those convicted and are undergoing sentence imposed consequent to such conviction, Bhagwat Sharma v. State of Madhya Pradesh, 1995 Jab LJ 335....
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
Criminal Evidence Act
Criminal Evidence Act, 1898 (English) (61 & 62 Vict. c. 36), the general Act by which every person charged with an offence and his or her wife or husband became a competent, but not a compellable, witness for the defence at every stage of the proceedings.The Evidence Acts, 1851 and 1853, whichmade parties and spouses admissible witnesses (they having been previously incompetent on the groundof interest), expressly excepted criminal proceedings from its opertion; but a series of enactments dealing with particular offences, from the Licensing Act, 1872, downto the Chaff Cutting Machines Accidents Act, 1897 (of which s. 20 of the Criminal Law Amendment Act, 1885, was by far the most important), did away with this exception, in particular cases and in varying phraseology, but without qualifications except that against compellability, and enabled accused persons to give evidenceon oath in their own defence.The Act of 1898, superseding [see Charnock v. Merchant, (1900) 1 QB 474] but not expr...
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Perjury
Perjury, telling lie in a court, Swaran Singh v. State of Punjab, (2005) 5 SCC 668. [Code of Criminal Procedure, 1973 Ch 26]The offence committed when a lawful oath or affirmation (see OATHS and AFFIRATION) is administered and the witness swears or affirms falsely in a matter material to the issue.The law on this subject is now contained in the (English) Perjury Act, 1911, 'an Act to consolidate and simplify the law relating to perjury and kindred offences'; it repeals the whole of the Acts 5 Eliz. c. 9 and 2 Geo. , c. 25 [the (English) Perjury Act, 1728] and portions of one hundred and thirty other statutes. The Act may be briefly summarised as follows: If any person lawfully sworn as a witness or as an interpreter in a 'judicial proceed-ing' wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he will be guilty of perjury and liable to penal servitude for not exceeding seven years, or imprisonment with or without hard labo...
Attempt
Attempt [fr. tentare, Lat.; tenter, temter, tempter, O. Fr. to try], an endeavour to commit a crime or unlawful act. Persons indicted for a felony or misdemeanour may be found guilty only of an attempt to commit the same. (English) Criminal Procedure Act, 1851, 14 & 15 Vict. c. 100, s. 9In criminal law means an overt act that is done with the intent to commit a crime but that falls short of completing the crime. Attempt is an inchoate offence distinct from the attempted crime, Black Law Dictionary 7th Edn., p. 123.What constitutes an 'attempt' is a mixed question of law and fact, depending largely on the circumstances of the particular case. 'Attempt' defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes prep...
Abduction
Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fid...
Character
Character. Witnesses to speak to the good character of a prisoner may be called by him in his defence, and, if they speak to nothing else, it is the custom that the counsel for the prosecution should not reply. it is not allowable to state any particulars of the prisoner'' conduct, either in proof of his good or bad character; but if he call witnesses to his good character, a previous conviction against him maybe put in evidence. Witnesses to the bad character of prisoner can be called only to contradict witnesses to his good character, and evidence so called must be confined to general reputation, R. v. Rowton, (1865) 34 LJ MC 57. But a previous conviction may then be given in evidence in many cases, as in any case of an offence against the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), by s. 116 of that Act.Questioning of Witness.--A witness may also be questioned as to whether he has been convicted of any felony or misdemeanour, and proof of his conviction may be given if he eit...
Institution of a case
Institution of a case, A case can be said to be instituted in a court only when the court takes cognizance of the offence alleged therein. When a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitutes such offence a case is instituted in the Magistrates's court and such a case is one instituted on a com-plaint. Again, when a Magistrate takes cognizance of any offence upon a report in writing of such facts made by any police officer it is when a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitute such offence a case is instituted in the Magistrates's Court and such a case is one instituted on a complaint, Jamuna Singh v. Bhadai Shah, AIR 1964 SC 1541 (1543): (1964) 5 SCR 37. [Criminal Procedure Code, 1898, ss. 417(3), 200, 202, 156(3) and 173]...
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