Penal Law - Law Dictionary Search Results
Home Dictionary Name: penal law Page: 3Obscene
Obscene, means if there be no abstract definition ........ Should not the word 'obscene' be allowed to indicate the present critical point in the compromise between candor and shame at which the community may have arrived here and now, United States v. Kennerley, 209 F 119 (121) (S.D.N.Y. 1913).Obscene, the Indian Penal Code borrowed the word from the English Statute. The Common law offence of obscenity was established in England three hundred years ago when Sir Charles Sedley exposed his person to the public gaze on the balcony of a tavern. Obscenity in books, however, was punishable only before the spiritual courts because it was so held down to 1708 in which year Queen v. Read, 11 Mod 205 QB, was decided, In 1727 in the case against one Curl it was ruled for the first time that it was a Common Law offence, Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881 (887): (1965) 1 SCR 65. (Indian Penal Code, s. 292)The concept of obscenity would differ from country to country dependin...
Penal Servitude
Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.(2) where under any Act now in force or un...
Injury
Injury, any damage done to another, either in his person, rights, reputation, or property, for which an action lies at law.Injury has been defined in s. 44 of the Penal Code as denoting 'any harm whatever illegally caused to any person, in body mind, reputation or property, S. Harnam Singh v. State (Delhi Admn), AIR 1976 SC 2140 (2145): (1976) 2 SCC 819. (Penal Code, 1860, s. 44)The word 'injury' denotes any harm whatever illegally caused to any person, in body, mind, reputation or propery. (Penal Code, 1860, s. 44)Injury, Black's Law Dictionary contains the definition for the word 'Injury' (at p. 706 in the 5th Edn.) as 'any wrong or damage done to another either to his person, rights reputation or property'. The alternative meaning given therein is: 'The invasion of any legally protected interest of another'.Injury as 'any harm whatever, illegally caused to any person in body, mind, reputation or property'. [See Indian Penal Code, 1860] word 'Injury' in s. 23 of the Contract Act shou...
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...
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Consent
Consent, an act of reason accompanied with delib-erations, the mind weighing, as in a balance, the good or evil on either side. Consent supposes three things-a physical power, a mental power, and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, meditated impositions, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind. In relation to Criminal Law, see (English) Criminal Law Amendment Acts, 1885-1922, and see AGE; ABDUCTION.The word 'consent' as used in s. 30(2) of the Sale of Goods Act means 'agreeing on the same thing in the same sense' as defined in s. 13 of the Indian Contract Act. A consent induced by false representation may not be free, but it can nevertheless be real, and ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954...
Informer
Informer, a person who prosecutes those who break any law or penal statute; also an approver. See QUI TAM; APPROVER; COMMON INFORMER.Means (1) Informant (2) A private citizen who brings a penal action to recover a penalty. Under some statutes, a private citizen is required to sue the offence for a penalty before any criminal liability can attach, Black's Law Dictionary, 7th Edn., p. 783....
Bestiality
Bestiality, that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality defined. [Special Marriage Act, s. 27(1A)]Bestiality, the crime of men with beasts, punishable under the (English) Offences against the Person Act, 1861, s. 61, by penal servitude for life, or for not less than ten years, but this minimum term is abolished, and power is given to inflict imprisonment for two years or less, by the (English) Penal Servitude Act, 1891.Sexual activity between a human and an animal; Black's Law Dictionary, 7th Edn.Means the crime of engaging in sexual relations with an animal, Webster's Dictionary of Law, Indian Edn. (2005), p. 49.Means the offence of buggery committed with a beast, R. v. Higson, (1984) 6 Cr App R(S) 20....
Act of Parliament
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
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