Penal Law - Law Dictionary Search Results
Home Dictionary Name: penal law Page: 2Special law
Special law, a 'special law' is a law applicable to a particular subject. [Indian Penal Code, s. 41]--the expression special law means a provision of law, which is not applicable generally but which applies to a particular or specified subject or class of subjects, AIR 1961 Bom 154(155). [Limitation Act, 1908, s. 29(2)]...
Charge
Charge (i) the instructions of a judge to a jury; the judge's summing up of the evidence at a trial by jury; the periodical address of a bishop or archdeacon to his clergy; the taking proceedings against a prisoner; a commission.To lay a duty upon any one, to acquaint any with the nature of their duty. See CHARGE SHEET. The clerk of arraigns gives te prisoner 'in charge' to the jury, by reading an abstract of the indictment, and they are bound to proceed to deliver him until they are discharged. To prefer an accusation against any one.A burden, duty, or trust, when attached to property; see MORTGAGES AND CHARGES, DEBENTURE, LAND CHARGES, ADMINISTRATION, REGISTRATION OF LAND.Includes any head of charge when the charge contains more heads than one. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (b)]Means expenditure, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, (1971) 1 SCC 85: AIR 1971 SC 530: (1971) 3 SCR 9.See also K. Muthuswami Gounder...
Reasonableness of expectation
Reasonableness of expectation, the concept of 'reasonableness of expectation' of rent which must take the penal law of the State into account. It is not the expectation of a landlord who takes the risk of prosecution and punishment which the violation of the law involves, but the expectation of the landlord who is prudent enough to abide by the law that serves as the standard of reasonableness for purposes of rating, New Delhi Municipal Committee v. M.N. Soi, AIR 1977 SC 302: (1976) 4 SCC 535: (1977) 1 SCR 731....
Terrorist activity
Terrorist activity, a 'terrorist activity' does not merely arise by causing disturbance of law and order or of public order. The fallout of the intended activity is to be one that it travels beyond the capacity of the ordinary law-enforcement agencies to tackle it under the ordinary penal law. It is in essence a deliberate and systematic use of coercive intimidation, Madan Singh v. State of Bihar, (2004) 4 SCC 622 (633)....
Dissenters
Dissenters, Protestant seceders from the Established Church. They are of many denominations, principally Presbyterians, Independents or Congregationalists, Methodists, and Baptists; but as to Church government the Baptists are Independents.The penal laws, for the enforcement of legal uniformity, have been abrogated. The (English) Toleration Act, 1 W. & M. st. 1, c. 18, extended to Unitarians by 53 Geo. 3, c. 160, first allowed dissenters to assemble for religious worship according to their own forms in places of meeting duly certified; as to such places, see now 18 & 19 Vict. c. 81, and 19 & 20 Vict. c. 119, ss. 17, 27. The (English) Dissenters Chapels Act, 1844 (see that title), provided for meeting-houses; and the (English) Trustees Appointment Act, 1850 (13 & 14 Vict. c. 28), commonly called (English) Peto's Act, amended by the (English) Trustees Appointment Act, 1890 (53 & 54 Vict. c. 19), provides for facilities in regard to the appointment of trustees andthe title to lands purcha...
Surrender of fugitives
Surrender of fugitives. Penal laws of foreign countries are strictly local, and affect nothing more than they can reach and can be seized by virtue of their authority. A fugitive who passes hither comes with all his transitory rights. He may recover money held for his use, and stock, obligations, and the like; and cannot be affected in this country by proceedings against him in that which he has left, beyond the limits of which such proceedings do not extend. 'The lex loci must needs govern all criminal jurisdiction, from the nature of the thing and the purpose of the jurisdiction.', Warrender v. Warrender, (1834) 9 Bligh 119. See EXTRADITION...
Meldfeoh
Meldfeoh, the recompense due and given to him who made discovery of any breach of penal laws committed by another person, called the promoter's (i.e., informer's) fee....
Apparel
Apparel. The penal laws against excess in this luxury were repealed by 1 Jac. 1, c. 25....
Forgery
Forgery [fr. forger, Fr.; or fingo, Lat.], the crimen falsi, or the false making or alteration of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud. The forged instrument must be false in itself. The mere subscribing a note, given as the party's own, by a fictitious name, was held not to be forgery, Reg. v. Martin, (1879) 5 QBD 34.The act of fraudulently making a false document or altering a real one to be used as if genuine, Black's Law Dictionary, 7th Edn., p. 661.Forgery at Common Law was a misdemeanour but most forgeries have been made felony by statute. Many of these statutes were consolidated by 11 Geo. 4 & 1 Wm. 4, c. 66, repealed and replaced by the Forgery Act, 1861 (24 & 25 Vict. c. 98), but the law now principally depends on the Forgery Act, 1913 (3 & 4 Geo. 5, c. 27, 'an Act to consolidate, simplify and amend the law relating to forgery and kindred offences.' It repeals such portions of s...
Rape
Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, unde...
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