Penal Servitude - Law Dictionary Search Results
Home Dictionary Name: penal servitude Page: 2Sodomy
Sodomy, is non coital, cornal copulation with a member of the same or opposite sex, AIR 1962 Kant 46 (48). [(Indian) Divorce Act, 1869, s. 10**]1. Oral or anal copulation between humans, esp. those of same sex 2. Oral or anal copulation between human and animal; bestiality, Black's Law Dictionary, 7th Edn., p. 1396.Sodomy, the crime against nature, punishable until 1891 by a minimum term of ten years' penal servitude; prescribed by s. 61 of the Offences against the Person Act, 1861, but the effect of the Penal Servitude Act, 1891, s. 1, sub-s. 2, appears to be that imprisonment may be substituted, though this particular crime is not expressly mentioned in that Act....
Sentence of a Court
Sentence of a Court, a definite judgment pro-nounced in a criminal proceeding. In the case of indictable offences (except murder, on conviction of which the Court is bound to pronounce sentence of death, by s. 2 of the Offences against the Person Act, 1861 (but see next title), and treason) the extent of the sentence is within a given maximum left to the discretion of the Court, such few maximum sentences as previously were enjoined having been abolished by the (English) Penal Servitude Act, 1891. In passing sentence reference should not be made to the unexpired portion of any former sentence, as this has to be served by virtue of s. 9 of the (English) Penal Servitude Act, 1864; R. v. Smith, (1909) 2 KB 756.See the (English) Infanticide Act, 1922, when in certain cases a verdict of infanticide may be returned, notwithstanding that the circumstances were such that, but for the Act, would have amounted to murder.There is an express power of refraining from sen-tencing at once to punishme...
Previous conviction
Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Tr...
Prevention of Crimes Act, 1871
Prevention of Crimes Act, 1871 (English) (34 & 35 Vict. c. 112). This Act, which was amended by the Prevention of Crimes Act, 1879 (42 & 43 Vict. c. 55), and which repeals and replaces the Habitual Criminals Act, 1869, provides for the keeping of a register of criminals, and the photographing of all persons convicted of crime with a view to their identification, and for subjecting to the supervision of the police persons who have been twice convicted of crime, and for the amendment of the law with regard to licences under the Penal Servitude Acts. See also PREVENTIVE DETEN-TION; BORSTAL INSTITUTION; and PENAL SERVITUDE....
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...
Wounding
Wounding. Unlawfully and maliciously wounding or causing grievous bodily harm with intent to do grievous bodily harm to any person by any means is, by s. 18 of the Offences against the (English) Person Act, 1861, a felony, punishable up to penal servitude for life; and by s. 19 of the same Act unlawfully and maliciously wounding or inflicting any grievous bodily harm is a misdemeanour punishable by five years' penal servitude....
Deportation
Deportation, transportation; exile in to a remote part of the kingdom, with prohibition to change the place of residence. The (English) Penal Servitude Acts, 1853 (16 & 17 Vict. c. 99), and 1857 (20 & 21 Vict. c. 3), substituted terms of penal servitude for transportation sentences for less than fourteen years, and the latter Act abolished transportation entirely. See TRANSPORTATION. Exile, an abjuration, which is a deportation for ever into a oreign land, was anciently with us a civil death. Compare the power of making an expulsion order or deportation order under Order of the Secretary of State, under the (English) Aliens Restriction Acts, 1914 (4 & 5 Geo. 5, c. 12), and 1919 (9 & 10 Geo. 5, c. 92). See ALIEN, and Re Goldfarb, (1936) 52 TLR 254....
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....
Children
Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinat...
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
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