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Penal Custody - Law Dictionary Search Results

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bond

bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...


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...


Heat of passion

Heat of passion, heat of passion requires that there must be no time for the passions to cool down, Ghapoo Yadav v. State of Madhya Pradesh, (2003) 3 SCC 528: AIR 2003 SC 1620 (1622). (Indian Penal Code, s. 300, Exception 4)See also Sridhar Bhuyan v. State of Orissa.Rage, terms, or furious hatred sudden aroused by some immediate provocation, usu. another person's words or action, Black's Law Dictionary, 7th Edn., p. 726.Requires that there must be no time for the passion to cool down and the parties have worked themselves into a furry on account of the verbal altercation in the beginning, Sandhya Jadhav v. State of Maharashtra, (2006) 4 SCC 653: (2006) 4 JT 316: (2006) 3 SCALE 665: (2006) 3 Supreme 217: (2006) 3 SLT 249: (2006) 4 SCJ 489: (2006) 7 SCJD 358: (2006) 5 SRJ 93: 2006 Cr LJ 2111: (2006) 2 SCC (Cri) 394: (2006) 2 Crimes 5 (SC): (2006) 1 JCC 599: (2006) 2 Recent CR 472: (2006) 4 CRJ 437.Subsequent procedures did not impose a heavier penalty than the indeterminate sentence impo...


House of correction

House of correction, a species of goal which does not fall under the sheriff's charge, but is governed by a keeper wholly independent of that offence.1. A reformatory 2. A place for the contaminant of furnace offenders or those who have committed crimes of cesser magnitude, Black's Law Dictionary, 7th Edn.Houses of Correction, fist established in the reign of Elizabeth, were originally designed for the penal confinement (after conviction) of paupers and vagrants refusing to work; but by 5 & 6 Wm. 4, c. 38, ss. 3, 4, reciting that great inconvenience and expense had been found to result from the practice of committing to the common goal where it happens to be remote from the place of trial, it is enacted that a justice of the peace, or coroner, may commit for safe custody to any house of correction situate near the place where the assizes or sessions are to be held; and that offenders sentenced in those courts may be committed, in execution of such sentence, to any house of correction f...


Information

Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...


Prison

Prison, a place of confinement for the safe custody of persons; a gaol, 3 Steph. Com.The erection, maintenance and regulation of prisons are provided for by several Acts of Parliament, for which see Chitty's Statutes, tit. 'Prison.' And for Scotland see the Prisons (Scotland) Acts, 1860 to 1909.The (English) Prison Act, 1877, transferred the management of prisons from counties and boroughs to the government, and put an end to the obligation theretofore existing on the part of the counties and boroughs to maintain prisons of their own, and the (English) Prison Act, 1898, c. 41 (for which and for extracts from the Prison Rules, 1899, under it, see Chitty's Statutes, tit. 'Prison'), has constituted the Prison Commissioners Directors of Convict Prisons, established three divisions of prisoners, not sentenced to penal servitude or hard labour, and restricted the authorization of corporal punishment. Both these Acts have been amended in certain respects by the (English) Criminal Justice Admi...


Rabbit

Rabbit, also termed 'coney' in the (English) Game Act, 1831, ss. 30-32 of which render trespass in the daytime in pursuit of conies punishable on summary conviction by fine upto 2l; trespassers may be required to quit the land and to tell their names and abodes on pain of arrest on refusal, and similar trespass with violence by five or more armed persons is punishable by fine up to 5l. By the (English) Night Poaching Act, 1828, s. 1, unlawfully taking or destroying game or rabbits by night is punishable on summary conviction by imprisonment up to three months with hard labour (with increased punishments for second or third offences); and by s. 9 of the same Act, armed persons to the number of three or more unlawfully entering land for the purpose of destroying game or rabbits are punishable after conviction on indictment by penal servitude up to ten years or imprisonment with hard labour up to three years.A tenant may shoot rabbits on his farm, although the right of sporting is reserve...


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