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May 18 1992 (FN)

Foucha Vs. Louisiana

Court : US Supreme Court

..... , 463 u. s., at 363. that was an accurate statement in jones but not here. the defendant in jones was acquitted under the durham test for insanity, which excludes from punishment criminal conduct that is the product of a mental disease or defect. see bethea v. united states, 365 a. 2d 64, 69, n. 11 (1976); see also durham v. united states ..... ." la. rev. stat. ann. 14:14 (west 1986). justice kennedy disregards the fact that the state makes no claim that foucha was criminally responsible or that it is entitled to punish foucha as a criminal. 2 the panel unanimously recommended that petitioner be conditionally discharged with recommendations that he (1) be placed on probation; (2) remain free from intoxicating and mind-altering ..... 370 u. s. 660 (1962). here, the state has no such punitive interest. as foucha was not convicted, he may not be punished. jones, supra, at 369. here, louisiana has by reason of his acquittal exempted foucha from criminal responsibility as la. rev. stat. ann. 14:14 (west 1986) requires. see the state may also confine a mentally ill person if it ..... louisiana law, defendants who carry the burden of proving insanity by a preponderance of the evidence will "escape punishment," but this affirmative defense becomes relevant only after the prosecution establishes beyond a reasonable doubt that the defendant committed criminal acts with the required level of criminal intent. state v. marmillion, 339 so. 2d 788, 796 (la. 1976). although insanity acquittees may not .....

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Ogden Vs. Saunders

Court : US Supreme Court

..... retrospective laws relating to private rights growing out of the contracts of parties. the one provision is intended to protect the person of the citizen from punishment criminally for any act not unlawful when committed, and the other to protect the rights of property as secured by contracts sanctioned by existing laws. no ..... intimate connection with each other. the states are forbidden to pass any bill of attainder or ex post facto law, by which a man shall be punished criminally or penally by loss of life of his liberty, property, or reputation for an act which, at the time of its commission, violated no existing ..... , be the correction of this impression, it ought to be corrected. so much of this prohibition as restrains the power of the states to punish offenders in criminal cases, the prohibition to pass bills of attainder and ex post facto laws, is in its very terms confined to preexisting cases. a bill ..... is to the two first prohibitions. but these reasons are altogether inapplicable to laws of a prospective character. there is nothing unjust or tyrannical in punishing offenses prohibited by law and committed in violation of that law. nor can it be unjust or oppressive to declare by law that contracts subsequently ..... a state legislature to pass a retrospective law which should take from the pocket of one of its own citizens a single dollar as a punishment for an act which was innocent at the time it was committed, how much more proper was it to prohibit laws of the same character .....

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Mar 16 2011 (HC)

Mukeshbhai Savjibhai Kalal (Patel). Vs. State of Gujarat.

Court : Rajasthan Jaipur

..... is reflected in the fir at annexure-a to the application, provisions of sections 66(1)(b), 65(a)(e), 116-b & 81 of the bombay prohibition act, quantum of punishment, criminal antecedents etc., i am of the view that the applicant deserves to be enlarged on bail.3. in the facts and circumstances of the case, the application is allowed and ..... the applicant is ordered to be enlarged on bail in connection with registered with bhiloda police station, for the offence punishable under sections 66(1)(b), 65(a)(e), 116-b & 81 of the bombay prohibition act, on executing a bond of rs.20,000/- (rupees twenty thousand only) with one ..... punishable under sections 66(1)(b), 65(a)(e), 116-b & 81 of the bombay prohibition act.2. heard, mr. pravin gondaliya, learned advocate for the applicant and mr. u.a. ..... of respondent-state. having regard to the facts and circumstances of the case, the application is taken up for hearing today.2. this application is preferred under section 439 of criminal procedure code, 1973, seeking regular bail by the applicant who came to be arrested in connection with registered with bhiloda police station, for the offence .....

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Jan 04 1994 (HC)

Dhandayutham Vs. the State

Court : Chennai

Reported in : 1994CriLJ1587

..... c. he had expressly pleaded for mercy when he was questioned on sentence. that would disclose that he had nothing more to say on the nature of punishment to be awarded to him. we also find that even under s. 313, cr.p.c. he had placed before the court his family circumstances stating ..... followed. it is clearly mandatory and should not be treated as a mere formality. in a case of life or death as in the case of punishment for murder, the presiding officer must show a high degree of concern for the statutory right of the accused and should not treat it as a mere ..... weights for the same. in cases of murder, however, since the choice is between capital punishment and life imprisonment the legislature has provided a guide line in the form of sub-section (3) of s. 354 of the criminal procedure code which makes it obligatory to assign special reasons when the judge awards the death penalty. so ..... which shocks the judicial conscience which casts duty on the court to impose the death sentence. the imposition of such penalty depending upon the degree of criminality is a measure of social necessity as a means of deterring other potential offenders. failure to impose a death sentence in such a grave crime as ..... . all admissible evidence is before the judge but that evidence itself often furnishes a clue to the genesis of the crime and the motivation of the criminal. it is the bounden duty of the judge to cast aside the formalities of the court scene and approach the question of sentence from a broad, .....

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Sep 12 1997 (HC)

P.V. Narsimha Rao Vs. Central Bureau of Investigation

Court : Delhi

Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567

..... -section (1) section 6 exhaustively provide for the competent authority to grant sanction for prosecution. admittedly, such previous sanction is a condition precedent for taking cognizance of an offence punishable under the act, of a public servant who is prosecuted during his continuance in the office. it follows that the public servant falling within the purview of the act must ..... well in support of which the same argument was advanced. the discussion which follows shall dispose off those petitions too. sub-section (1) of section 164 of the code of criminal procedure is as follows: '164. recording of confessions and statements (1) any metropolitan magistrate or judicial magistrate may whether or not he has jurisdiction in the case record any ..... parliament and its members. but then 'inviolability' has not met with unanimous approval in all constitutions. canada and netherlands, for example, consider that members are well enough protected in criminal and civil matters by the ordinary law. (37) the members may enjoy all privileges and immunities which may be necessary to ensure freedom of speech and right of vote inside ..... , at the beginning of the second world war, the privileges committee concluded that detention of a member under emergency powers legislation should be regarded as akin to arrest under the criminal law, so that no breach of privilege was involved (see erskine may: parliamentary practice) (32) despite all the ups and downs some of the privileges remain well-entrenched. .....

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Sep 29 1992 (HC)

K. Chandra Vs. State (Through Central Bureau of Investigation)

Court : Delhi

Reported in : 1993CriLJ1237; 1993(1)Crimes148; 49(1993)DLT135; 1992(24)DRJ539

..... 11,12,13 of the p.c. act. (12) 82 section 120-b indian penal code . which is reproduced as under prescribes punishment of criminal conspiracy; punishment of criminal conspiracy: (1) whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall where no express provision is ..... , or with fine or with both.(13) mr. anand, thereforee, contended that in order to prove criminal conspiracy punishable under section 120-b indian penal code . there must be meeting of mind resulting in a decision taken by the conspirators regarding the commission of an offence. the conspiracy can ..... made in the code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months ..... penal code and have been incorporated in section 7 to 13 of the p.c. act with modification. the offence punishable under sections 11 to 13 of the p.c. act, 1988 with which the petitioner is charged relate to the criminal mis-conduct by a public servant. section 11 of the act is reproduced as under: 'publicservant obtaining valuable thing, without .....

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Jan 25 2002 (HC)

State of Gujarat Vs. Raghu @ Raghavbhai Vashrambhai and ors.

Court : Gujarat

Reported in : (2003)1GLR205

..... has become virtually inescapable that the criminal justice system ignoring the interest of poor, illiterates, the victims runs the risk of alienating a person upon ..... are responsible for the successful solution when victims start not to co-operate with the criminal justice system, where failing to report crime, assist in investigation or in prosecution as a witness, the success rate of the government in apprehending, convicting, and punishing criminals over violators of law would become negligible. it is in this context, the conclusion ..... as old as civilization itself. every religion and the greatest of the philosophers have advocated this concept.116. plato made a distinction between incorrigibies and criminals, who could be cured. aristotle viewed punishment as a moral medicine unpalatable, but wholesome. the penal law of ancient china involved the idea of repentance. muslim law provided measures of re-education ..... wilks could not extinguish its life. the belief goes on struggling and struggling. it is, therefore, to be seriously understood that it is imperative to balance punishment and reformation.sociology of criminal punishment :117. in the realm of criminology and penology, the victimology cannot be overlooked. victimology has an important role in the realm of .....

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Jan 03 1991 (HC)

Vidya Charan Shukla Vs. Tamil Nadu Olympic Association and Another

Court : Chennai

Reported in : AIR1991Mad323; 1991CriLJ2722

..... , without its precincts, as well] as 'in facie curiae' ..... so also 7 halsbury's laws of england(hailsham edition) page 2. 'the superior courts have an 'inherent jurisdiction' to punish criminal contempt etc.....' but reverting to the developments in india, the high court of allahabad was established in 1866 under the high courts act, 1861 and was continuted a court of ..... is broader based than that. but however that may, be sir barnes peacock made it clear the words 'any other law' in section 5 of the criminal procedure code do not cover contempt of a kind punishable summarily by the three chartered high courts. now it is relevant to note in this connection that whatever the origin of the jurisdiction may be in the ..... jurisdiction of this court. one of the arguments advanced before the supreme court was that a contempt being punishable under the contempt of courts act, 1952 or an offence punishable by a law consequently triable under the criminal procedure code. as section 5 of code of criminal procedure made it applicable not only to the trial of offences under the indian penal code but also to ..... our opinion, the power of a high court to institute proceedings for contempt and punish where necessary is a special jurisdiction which is inherent in all courts of record and s. 1(2) ofthe code expressly excludes special jurisdiction from its scope.' section 5 of the code of criminal procedure, 1973 is similar to section 1(2) of the 1898 code. the .....

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Apr 06 1951 (HC)

Mrs. Pattammal Arumugam and ors. Vs. the Chief Presidency Magistrate

Court : Chennai

Reported in : AIR1951Mad950; (1951)IIMLJ101

..... a failure to deposit the security so required are contained in sections 11 and 12 of the act under section 11 the keeper of the press is liable to be punished criminally. section 12(1) provides that such press shall not be used for the printing or publishing of any newspaper, book or other document after the expiry of the time allowed ..... of speech and expression declared by article 19(1)(a). 'the liberty of the presa consists in laying no previous restraint upon publications and not in freedom from censure for criminal matter when published.' (blackatone). the imposition of a security before the publication of any matter would certainly be an extremely unreasonable restriction.5. we are also of opinion that section .....

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Jan 03 1966 (HC)

Tamizhazhagan and anr. Vs. the Revenue Divisional Officer and ors.

Court : Chennai

Reported in : (1966)2MLJ194

..... justice. 16. in 14 american jurisprudence, ' criminal law ,' at page 752, it is stated:the term ' criminal law ' is sufficiently comprehensive to cover all of that great branch of jurisprudence which deals in any way with crimes and ..... having a contiguous disease be so regarded. law of this nature designed for the promotion of public order, safety, or morals, and which subject those who contravene them to criminal procedure and punishment,, belong to the subject of public wrongs rather than to that of civil rights. they are of a nature which fell within the general authority of parliament to make ..... -placing restrictions on their sale, custody, or removal, on the ground that the free sale or use of them is dangerous to the public safety, and making it a criminal offence punishable by fine or imprisonment to violate these restrictions, cannot properly be deemed a law in relation to property in the sense in which those words are used in the 92nd ..... to the public and punishes in what is called a criminal proceedings in its own name. it generally denotes an offence of a deep and atrocious dye. crimes are defined and punished by statutes and by the common law and they embrace every indictable offence and include all immoral acts which tend to the prejudice of the community and are punishable criminally by courts of .....

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