Penal Statute - Law Dictionary Search Results
Home Dictionary Name: penal statutePenal statute
Penal statute, penal statute or penal law is a law that defines an offence and prescribes its corresponding fine, penalty or punishment, Karnataka Rare Earth v. Senior Geologist, (2004) 2 SCC 783 (791).Those which impose penalties or punishments for an offence committed; they are construed strictly in favour of the person charged with the offence. See, however, remarks of Lord Alverstone, C.J., in Dunning v. Swetman, (1909) 1 KB 776.The penalties or forfeitures under these statutes are generally made recoverable by the Crown, or the party aggrieved, or a common informer, as the case may be. See 4 Hen. 7, c. 20; 31 Eliz. c. 3; 18 Eliz. c. 5; 21 Jac. 1, c. 4; the (England) House of Commons (Disqualification) Acts of 1782 and 1801; and Chitty's Statutes, tit. 'Penal Actions.'This remedy is generally designated a penal action; or, where one part of the forfeiture is given to the Crown and the other part to the informer, a popular or qui tam (q.v.) action. For an instance of a recent action...
penal statute
penal statute : penal law ;esp : a law that calls for a penalty as opposed to one providing for a remedy for a wronged party ...
Penal action
Penal action, see PENAL STATUTES....
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
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Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it.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...
Common informer
Common informer, a person who prosecutes others for breaches of penal laws, or furnishes evidence on criminal trials for no other reason than to get the penalty or a share of it; for a recent instance of an action to recover penalties, see Forbes v. Samuel, (1913) 3 KB 706. Statutes occasionally provide that no proceedings shall be taken without the leave of the Attorney-General, see, e.g., the (English) Larceny (Advertisements) Act, 1870 (33 & 34 Vict. c. 65), and the (English) Public health (Officers) Acts, 1884 and 1885. Sometimes, too, as by the (English) Larceny (Advertisements) Act, 1870, the informers have lost the benefit of their penal action by a retrospective enactment that proceedings therein be stayed in payment of their costs out of pocket. See PENAL STATUTE....
Actus non facit reum, nisi mens sit rea.
Actus non facit reum, nisi mens sit rea. 3 Inst. 307; Co. Litt. 247 b.--(An act does not make a man guilty, unless there be guilty intention.) This is one of the most important rules of criminal law. 'As a general rule of our law, a guilty mind is an essential ingredient of crime, and this rule ought to be borne in mind in construing all penal statutes', Broom's Leg. Max. Applied by 9 Judges to 5 in Reg. v. Tolson, (1889) 23 QBD 168, so as to acquit on trial for bigamy a woman reasonably believing her first husband (whom she had lost sight of for less than 7 years) to be dead; see the elaborate judgment of Stephen, J., pp. 184 et seq., who, however, described the maxim as most unfortunate and misleading. An intention to offend against the penal provisions of a statute constitutes mens rea (Bank of New South Wales v. Piper, 1897 AC 383).The trend of modern legislation in regard to the health or security of the public is to attach the offence to the person who possesses, at least hypothe...
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....
Qui tam
Qui tam (who as well), a popular action (i.e. one which any one may bring) on a penal statute (q.v.) which is partly at the suit of the King and partly at that of an informer; so called from the words 'Qui tam pro domino rege, quam pro se ipso, sequitur.'As to the power of the Crown to remit these penalties, see Remission of Penalties Act, 1859, and in respect of Sunday entertainments, the Remission of Penalties Act, 1875. See Chitty's Statutes, tit. 'Penal Actions'; and as to compounding (by leave of the Court) see R.S.C., Ord. L., rr. 13-15....
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...
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