Sentenced To Imprisonment - Law Dictionary Search Results
Home Dictionary Name: sentenced to imprisonment Page 1 of about 15 results ( seconds)Sentenced to imprisonment
Sentenced to imprisonment, the words 'sentenced to imprisonment' occurring after the words 'convicted by a competent court' in the second proviso do not mean 'condemned to prison on conviction', State of Maharashtra v. Chandrabhan, AIR 1983 SC 803 (808): (1983) 3 SCC 387: (1983) 3 SCR 337....
Imprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
Imprisonment for life
Imprisonment for life, S. 428, Cr PC, 1973, does not apply to those convicted for 'imprisonment for life'. It is applicable only in case of accused persons who have, on conviction, been sentenced to imprison-ment for a term and the Penal Code as well as the Criminal Procedure Code make and maintain a clear distinction between 'imprisonment for a term' and 'imprisonment for life' in that the former means imprisonment for a definite or fixed period while the latter means imprisonment for the remainder of the natural life of the convict. The periods of life term mentioned in s. 57, IPC or the remission rules contained in Jail Manual (e.g. Para 516B of Punjab/Haryana Jail Manual) are irrele-vant in this context, Kartar Singh v. State of Haryana, AIR 1982 SC 1439: (1982) 3 SCC 1: (1983) 1 SCR 445.The expression 'imprisonment for life' must be read in the context of s. 45, IPC. So read in it would ordinarily mean imprisonment for the full or complete span of life, Ashok Kumar v. Union of Ind...
Hard labour
Hard labour, a punishment said to have been intro-duced by 5 Anne, c. 6. By the (English) Criminal Justice Administration Act, 1914, s. 16(1), 'where a person convicted by or before any Court of an offence is sentenced to imprisonment without the option of a fine, the imprisonment may, in the discretion of the court, be either with or without hard labour, notwithstanding that the offence is an offence at common law, or that the statute under which the sentence is passed does not authorize the imposition of hard labour or requires the imposi-tion of hard labour.' Imprisonment for default in payment of a fine is always without hard labour....
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...
Sentence
Sentence, denotes 'A person who is convicted and sentenced to imprisonment is deemed to have been awarded that punishment even in the case where the sentence is suspended for some reason or other, State of Maharashtra v. Chandrabhan Tale, AIR 1983 SC 803: (1983) 3 SCC 387.Sentence, denotes the action of the court before which the trial is held, declaring the consequences to the convict of the fact thus ascertained. Any consequence which flows after conviction can be looked upon as sentence, Mohammad Shabir Maulamaiya v. State of Maharashtra, (1977) Mah LJ 338.Means the judgment that a court formally pronoun-ces after finding a criminal defendant guilty, the punishment imposed on a criminal wrongdoer, Black's Law Dictionary, 7th Edn., p. 1367.The expression 'sentence' must be restricted to a sentence which is final, conclusive and ultimate so far as the judicial remedies are concerned. The alternate interpretation is likely to lead to confusion, inconsistency and contradiction and in pr...
Solitary confinement
Solitary confinement. The Criminal Law Consolida-tion Acts of 1861 each frequently provide for sentences of imprisonment 'with or without solit-ary confinement' in the discretion of the Court, and also that no offender shall be kept in solitary confinement for a longer period than one month to a time, nor there months in the space of a year 'but the Prison Act, 1865, has since, by s. 17, enjoined the prevention of criminal prisoners from holding any communication with each other, and these provisions of the Criminal Law Consolidation Acts have been consequently repealed by Statute Law Revision Acts.Separate confinement that gives a prisoner extremely limited access to other people, esp. the complete isolation of a prisoner, Black's Law Dictionary, 7th Edn., p. 1399....
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...
Acquittal
Acquittal, The legal certification usually by jury verdict that an accused person is not guilty of the charged offence. [fr. acquitter, Fr.; quietus, Lat., to free, acquit, or discharged], a deliverance and setting free of a person from the suspicion or guilt of an offence; also to be free from entries and molestations by a superior lord, for services issuing out of lands, Cowel. Acquittal is of two kinds--(1) Acquittal in deed, as when a person is cleared by verdict; and (2) Acquittal in law, as if two be indicted for a felony, the one as principal and the other as accessory, and the jury acquit the principal, by law the accessory is also acquitted, 2 Inst. 384.Means the legal certification, usually by jury verdict, that an accused person is not guilty of the charged offence, Black Law Dictionary, 7th Edn., p. 24.If person is acquitted and ordered to be discharged it is illegal any longer to detain him, and the duty of seeing that he is at once discharged is upon the governor of the p...
Criminal proceeding
Criminal proceeding, a criminal proceeding is ordinarily one in which if carried to its conclusion it may result in the imposition of sentences such as death, imprisonment, fine or forfeiture of property. It also includes proceedings in which in the larger interest or the state, orders to prevent apprehended breach of the peace, orders to bind down persons who are a danger to the maintenance of peace and order, or orders aimed at preventing vagrancy are contemplated to be passed, S.A.L. Narayan Row v. Ishwarlal Bhagwandas, AIR 1965 SC 1818 (1821): (1966) 1 SCR 190. [Constitution of India, Art. 134(1)]The exclusionary clause in s. 5 is to be interpreted as a whole and 'criminal proceedings' means a criminal inquiry or a trial before a court and the 'accused' means a person actually arraigned, that is, put on a trial, Laxmipat Choraria v. State of Maharashtra, AIR 1968 SC 938 (944). (Oaths Act, 1873, s. 5)...
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