Criminal Punishment.docx

MATS Law School

Indian Penal Code-II

Project on: “Criminal Law Punishment”

SUBMITTED TO

SUBMITTED BY

Mr. Pankaj Umbarkar

Pragati Dewangan

Asst. Professor

B.A.LL.B

MATS Law School

Semester-5th

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ACKNOWLEDGEMENT

We, hereby, want you to know that we thank our college “MATS LAW SCHOOL” for providing us with intellectual and co-operative faculty for IPC (Mr. Pankaj Umbarkar) who allotted us the project topic: “Criminal Law Punishment” and gave us the opportunity to research on the topic and gain knowledge and command over it. we would also like to thank our Director sir Dr. G.P. Tripathi for providing very informative, full of knowledge and great variety of books in the college library, at the same time we would like to thank the librarian Mr. Anil Dewangan to allow us to the refer the books and spend ample of time in the library. Vested and Contingent Interest on which proved to be a boon for us and our project helped us a lot in understanding the basics of the topic. Next, we convey our sincere thanks and gratitude to my friends and family for rendering constructive and valuable suggestions and comments that have helped a lot in improving the quality and content of the project and also helped us for completing the project in limited time frame.

Thank You

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DECLARATION

We are here to present project work entitled “Criminal law Punishment” submitted to the MATS University is the original work done by us under the guidance of Mr. Pankaj Umbarkar, MATS Law School, Gullu, Arang, and this project has not performed the basis for the award of any Degree or diploma and similar project if any. It’s for our personal interest and knowledge.

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TABLE OF CONTENT

Introduction Punishments In IPC 1) Death Penalty (2) Life Imprisonment (3) Imprisonment Both Rigorous And Simple. (4) Forfeiture Of Property (5) Fine

Punishments Not Part Of IPC Public Censure Community Service Externment Compensation Disqualification from holding Public Office

Conclusion

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INTRODUCTION The Penal Law of India is the resource of definitions and descriptions of substantive offences. It consists of 511 sections specifying different kinds of offences. This are concerned because some other punishments may be imposed under some .Local and special law. These punishments are applicable to offences under this code only. Generally the code lays down the section is not exhaustive in so far as the kinds of punishments For these massive number of offence. There are some exception to this. The punishments in a particular case shall, within the maximum limits fixed by the code, be awarded in type discretion of the court. But the discretion should exhibit that a reasonable proportion has been maintained between the seriousness of the crime and the punishments imposed. The sentence should neither be disproportionately severe nor should it be too lenient so as to fail to serve it’s purpose in producing effect on the offender and as an eye opener to others . Considering various aspects of the case and the mitigation circumstances present, if any, the court can reduce the quantum of punishments. In state of Punjab v Mann Singh it was held that it was the duty of the court in every case to award a proper sentence having regard to the nature of the offence, the manner in which it was committed and to all the attendant circumstances. While passing sentence the court has to consider the totality of factors bearing on the offence and the offender and award a punishment which will promote effectively the punitive objective of the law deterrence and habilitation. Sentencing is always a matter of judicial discretion subject to any mandatory minimum prescribed by law.

The punishment prescribed are mainly 5 in numbers. Every offences describes the punishment also. But in general the division is provided under Section 53 of IPC. They are as follows: The punishments to which offenders are liable under the provisions of this Code are5

1. Death; 2. Imprisonment for life 3. Imprisonment both rigorous and simple 4. Forfeiture of property 5. Fine

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PUNISHMENTS IN IPC 1) Death Penalty Capital punishment is generally resorted to in serious offences like murder. According to one view it is morally excluded and according to other a moral necessity. But the central question relates to the efficacy of death penalty in protesting human life. In the beginning the death penalty rested primarily upon the effort to placate the gods. The complete blotting out of the culprit was a practical demonstration of group disapproval of the particular type of antisocial conduct. Later with the rise of the metaphysical theories of human conduct, the individual came to be looked upon as a moral agent capable of free choice in every aspect of his conduct, irrespective of biological the heredity or social environment. On these assumption the criminal was inevitable regarded as a perverse free moral agent, who refused to think right and who had wilfully wronged the social group and the gods. This was revenge theory. It serves as a unique deterrent to professional criminals who are aware of the existence and horrors of the painful mode of treating criminals. Death penalty is far more powerful and effective than any other punishments. It is a good way of retribution also. It was held in Kishori lal v State of Delhi that capital punishment can be imposed in the rarest of the rare cases and if there are any aggravating circumstances such as the accused having any criminal record in the past, the manner of the committing the crime, delay in imposing the sentence and so on. In this case the riot brokeout in Delhi after assassination of PM Indira Gandhi and her death appears to be the symbol or web around which the violent emotions were released. Experts in criminology often express that when there is a collective action, as in the case of mob, there is a diminished individual responsibility unless there are special circumstances to indicate that a particular individual had acted with any predetermination such as by use of a weapon not normally found.

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In every case in which sentence of death shall be passed, the appropriate government may, without the consent of the offender, commute the punishment for any other punishment provided by this code. It is the most grave penalty imposed by IPC. Many sections still prescribe the punishment of death. Some of them are as follows: (a) Offence under Section 194 (b) Offence of murder for which punishment of death or imprisonment of life is prescribed under Section 302. (c) Offence of murder committed by life convict as described in Section 303. Mithu v State of Punjab (d) Offence of abetting suicide of child or insane person as mentioned in Section 305 IPC (e) In Section 307 when a life convict attempts to murder and hurt is caused Death Sentence may be imposed. (f) Kidnapping for ransom as described under Section 364A (g) If any one of five or more persons who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death along with other alternative punishments.

In Bachan Singh v. State of Punjab[AIR 1980 SC 898] hon'ble Supreme Court of India held that death sentence is to be given only in rarest of rare cases.

(2) Life Imprisonment

It is the most popular type of sentence after death penalty. In most serious offences this type of punishment is prescribed. Wherever death penalty is prescribed, life imprisonment also finds a place as an alternative punishment. It means imprisonment for 8

life means imprisonment for whole of the remaining period of the convicted persons natural life. There is no fixed time decided because nobody can identify calculate and manipulate one’s life. It is a impossible work for an astrologer’s also. The sentence for life imprisonment is the imprisonment for the indefinite period and duration A life sentence does not automatically expire at the end of twenty years. The state, the prisoner has been convicted and sentenced ,alone has power to remit the sentence. In Bishon Singh v State of Punjab the court held that if the case can not be termed as a rarest of the rarest that death sentence can be commuted to life imprisonment. Where a person commits a heinous crime like murder because of very special circumstances like poverty, he can not be given death sentence. Life imprisonment can’t be treated as the 14 years or 20 years. It is always given with rigours and hard labour. It can be reckoned as of 20 years as purpose of remission of punishment .

As there is hue and cry regarding imposing of death penalty, in appropriate cases Courts impose life imprisonment as a safe method. Some sections which impose Life Imprisonment as a penalty are : Sections 194, 255, 304, 304(B), 305 and many more.

(3) Imprisonment both rigorous and simple.

Rigorous imprisonment is of such type where the convict will have to do hard labour. In many offences the period of imprisonment varies. In simple imprisonment also the term of imprisonment varies according to offences. Hard labour imposed on the proved offenders will have a detterrant effect against others from committing crimes adn thus society would, to that extent, be protected from perpetrating crimes by others. Reformation is now the dominant objective of the punishment. Hence an assurance to a prisoner that this hard work would eventually would help him to get stripped of the moroseness and desperation in his mind while toiling with rigours labour during the period of jail life. 9

Prisoner should be paid equitable wages for the work done by them. In order to determine the quantum of equitable wages for the prisoners the state has fixed a fixation body for making recommendations. And under simple imprisonment there is no such hard and rigours labour. This is given to those convicted criminals which are convicted for the crime of lower degree. In this in place of that very simple works are given to the prisoners like cutting of vegetables , making of accounts ,other documentary and paper works. (4) Forfeiture of Property Imprisonment in default of fine does not liberate the offender from his liability to pay the full amount of the fine imposed on him. The offender is not permitted to choose whether he will suffer the sentence of imprisonment or pay the fine. The only effect of his person shall cease to be answerable for the fine. But his property shall not be absolved i.e. the fine can be satisfied from his property. The period of limitation for realisation of fine shall ordinarily be six years.

The death of the offender does not extinguish any liability for fine. It can be recovered from any property , which would after his death ,be legally liable for his debts. To levy means to seize for the purpose of collecting the fine or to enforce execution for a certain sum. It does not mean actual realisation.

Forfeiture of property is not very common in IPC. Section 61 which specified sentence of forfeiture of property has been repealed by Indian Penal Code (Amendment) Act, 1921. In the present IPC three sections viz 126, 127 and 129 describes forfeiture of property.

(5) Fine

It is different from that of compensation as compensation goes to the plaintiff where as fine goes to the sate as simple as that. Where no sum is expressed it should not be 10

excessive although there is no certain defined limit given but it should not be exceesive. This is only permissive and not imperative in character.

IPC prescribes fine as a penalty both independent and along with other penalties. The amount of fine varies with offences. Section 63 says that where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. Sentence for non-payment of fine is also dealt with in IPC[Sec.64].Thus there are various penalties as discussed above which are imposed differently in different offences. The term, nature, amount etc varies in each cases and offences and also according to Courts.

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PUNISHMENTS NOT PART OF IPC Although there are different different type of punishments under IPC but there are few other type of punishment which were previously proposed but not accepted and not a part of IPC. Some of them are as follows-:

Public Censure It was prevalent in previous times. It was like defaming someone in front of huge masses just to make ashame to the offender of the crime which he has committed. It creates a fear of shame and blot spot on one’s name and reputation. It is given to send a message to others and create a fear so that nobody should dare to do it again.It is like a creating and giving a lesson for others. For example balding of head in public, painting the black colour on the face, making the ride on donkey etc. Community Service It was like reforming a person by involving the convicted person in social activities which lead to reformation and recreation of that person’s mind and soul. Making him to work in orphanage, involving him in religious institution and activities. Working in a reformatory. It provides a way to the convicted that he can show his feeling of regret of the offence which has committed. It’s an effort to restore a man to society as a better and wiser man as a good citizen. It makes the criminals harmless. Work on the criteria of that man is not born criminal. Externment It involves the practice of barring of convicted person from his place to very far so that he can not be capable of commit crime as it wll not provide a favourable and identified atmosphere for him. In common language it is known as tadipaar. Compensation

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It is a type compensatory punishments. It is aimed at providing helping aid, welfare and relief to the plaintiff. It’s like whatever loss you have suffered due to the offence committed by the convicted should be recovered by or from the convicted himself. Because sometimes just by giving punishment doesn’t provide any comfort to the plaintiff. Disqualification from holding Public Office Under this if any person holding any of the public office and committed any offence then he is not allowed to hold that office since then only. Not only this he will also not allowed to hold any of the public offices for the future also

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CONCLUSION PUNISHMENT IS THE WAY OF CREATING THE FEELING OF GUILT IN THE MIND OF THE ACCUSED PERSON. IT IS GIVEN TO CREATE FEAR IN THE MIND OF CRIMINALS, SETTIN A LESSON FOR OTHERS, PROVIDING PROTECTION TO SOCIETY AND HAVING A DETERRANT EFFECT ON THE CRIMINAL ACTIVITIES.EACH OF THE TYPES OF THE PUNISHMENTS HAVE THE IMPORTANCE OF THEIR OWN.DESPITE OF VARIOUS DIFFICULTIES IT IS NOW ACCEPTED AND RECOGNISED AS THE “THE PREVENTION OF CRIME” AND “THE PROTECTION OF THE SOCIETY”. SOMETIMES GIVING THE PUNISHMENT IS NOT SO EFFECTIVE IN CREATION OF GUILT.SOMETIMES NOT GIVING OF PUNISHMENT IS MUCH MORE EFFECTIVE THAN GVING.BECAUSE IF YOU HAVE BEEN NOT PUNISHED OF YOUR OFFENCES CREATES A INTERNAL BLEEDING OF REGRETS WHICH LEADS TO CHANGE AND REFORMATIO OF THE PERSON ACCUSED.

WHATEVER PUNISHMENT MIGHT HAVE BEEN SUTABLE IN PAST MAY NOT BE SO IN THE PRESENT OR WHATEVER MIGHT BE USEFUL IN ONE COUNTRY MAY NOT BE SO IN ANOTHER.THEN AGAIN THE SAME KIND OF PUNISHMENT MAY NOT BRING ABOUT THE DESIRED EFFECT UPON ALL THE TYPES OF CRIMINALS ALIKE. IN SUM UNIVERSALISATION OF PUNISHMENT IS IMPOSSIBLE.THEREFORE WE HAVE TO STUDY THE CRIMINAL BEFORE PRESCRIBING THE PROPER FORM OF PUNISHMENT TO HIM ACCORDING TO HIS PHYSICAL,SOCIAL,EDUCATONAL, OR CULTURAL MAKE-UP

BECAUSE

THE

SAME

PUNISHMENT

UPON

THE

INDIVIDUALISATION OF PUNISHMENT ALTHOUGH THEY APPEAR TO BE FULLY AWARE WITH THE DIFFICULTIES IN IT’S IMPLEMENATATION. 14

BIBLIOGRAPHY Principles of Criminal Law by O P Srivastava IPC by S N Mishra http://www.thefreedictionary.com/abetment http://legal-dictionary.thefreedictionary.com/abetment

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