Penal Code - Law Dictionary Search Results
Home Dictionary Name: penal code Page: 2 Page 2 of about 192 results (0.003 seconds)Good faith
Good faith, nothing shall be deemed to be done in good faith which is not done with due care and attention. [Limitation Act, 1963, s. 2 (h)]The expression 'good faith' has not been defined in the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The expression has several shades of meaning. In the popular sense, the phrase 'in good faith' simply means 'honestly, without fraud, collusion or deceit; really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme'. (see WORDS AND PHRASES, Permanent Edition, Vol. 18-A, page 91). Although the meaning of 'good faith' may vary in the context of different statutes, subjects and situations, honest intent free from taint of fraud or fraudulent design, is a constant element of its connotation. Even so, the quality and quantity of the honest requisite for constituting 'good faith' is conditioned by the context and object of the statute in which this term is employed, Brijendra...
Cruelty
Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury , or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)]Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would also constitute cruelty, Shobha Rani v. Modhukar Reddi, (1988) 1 SCC 105: AIR 1988 SC 121 (...
Bigamy
Bigamy. By the Offences against the Person Act, 1861, s. 57, whomsoever, being married, shall marry any other person during the life of the former husband or wife . . . shall be guilty of a felony punishable by penal servitude for not more than seven years, or less than three, or by imprisonment for not more than two years, with or without hard labour. That section, however, does not apply to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of His Majesty or to any person whose husband or wife shall have been continually absent for seven years from such person, and shall not have been known to such person to be living within that time; or even, as was held in Reg. v. Tolson, (1889) 23 QBD 168, by nine judges to five, to a person re-marrying within the seven years with a bona fide belief on reasonable grounds in the death of the first husband before the second marriage. Bigamy will have been committed though the second form of marriage was...
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....
Abet
Abet [from a (ad vel usque), and bedan, or beteren, to stir up or excite, Sax.], to maintain or patronise: to encourage or set on. The act is called abetment. An abettor or abettator is an instigator or setter on, one who promotes or procures a crime to be committed, Old Nat. Br. 21. See ACCESSARY.With its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860). With its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860). [General Clauses Act, 1897 (10 of 1897), s. 3 (1)]Defined. (Abetment of a thing.-A person abets the doing of a thing, who-First.-Instigates any person to do that thing; orSecondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; orThirdly.-Intentionally aids, by any act or illegal o...
Common Intention, common object
Common Intention, common object, under s. 34 when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. The words 'in furtherance of the common intention of all' are a most essential part of s. 34 of the Indian Penal Code. It is common intention to commit the crime actually committed. This common intention is anterior in time to the commission of the crime. Common intention means a pre-arranged plan. On the other hand, s. 149 of the Indian Penal Code speaks of an offence being committed by any member of an unlawful assembly in prosecution of the common object of that assembly, Devilal v. State of Rajasthan, (1971) 3 SCC 471: AIR 1971 SC 1444 (1446). [Indian Penal Code (45 of 1860), ss. 34 and 149]...
Dishonestly
Dishonestly, The word dishonestly is defined by s. 24 of Indian Penal Code. A person who does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, Dr. S. Dutt v. State of Uttar Pradesh, AIR 1966 SC 523: (1966) 1 SCR 493.A person is said to do a thing dishonestly when he does anything with the intention of causing wrongful gain to one person or wrongful loss to another person. In the case of illegal seizures and impounding of cattle, the person seizing the cattle does not gain anything. He simply takes the cattle to the pound. He does not use them for his purpose, Ramratan v. State of Bihar, AIR 1965 SC 926 (931). (Penal Code, 1860, s. 378: Cattle Trespass Act, 1871, s. 10)--Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss of another person, is said to do that thing dishonestly (Indian Penal Code, 1860, s. 24)....
Instigate
Instigate, referred. (Penal Code, 1860, s. 107, Expl. I)Instigation is to good, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation, Ramesh Kumar v. State of Chattisgarh, AIR 2001 SC 3837 (3844). (Penal Code, 1860, ss. 306 & 107); see also (2003) 12 SCC 469The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is a fit of anger and emotional, Sanju v. State of Madhya ...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Whoever
Whoever, includes association of persons, such as firm, and does not connote natural person alone, M/s Rai Bahadur Seth Shreeram Durgaprasad v. Director of Enforcement, AIR 1987 SC 1364.The word 'whoever' in sub-s. (1) of s. 23 of the Foreign Exchange Regulation Act, 1947 before its amendment was comprehensive enough to include an association of persons, such as a firm, and did not connote a natural person alone, Rai Bahadur Seth Shreeram Durgaprasad v. Director of Enforcement, AIR 1987 SC 1364 (1367): (1987) 3 SCC 27: (1987) 3 SCR 137. [Foreign Exchange Regulation Act, 1947, s. 23(1), 239c), 12(c) (as stood prior to the Amendment Act, 39 of 1957]The word 'whoever' occurring at the opening part of s. 202 of the Penal Code refers to a person other than the offender and has no application to the person who is alleged to have committed the principal offence. This is so because there is no law which casts a duty on a criminal to give information which would incriminate himself. That apart ...
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