Report 202 â Proposal to amend Section 304-B IPC Dowry ... - Jeywin
Report 202 â Proposal to amend Section 304-B IPC Dowry ... - Jeywin Report 202 â Proposal to amend Section 304-B IPC Dowry ... - Jeywin
32 circumstances of the crime and all the relevant circumstances. (iv) A balance sheet of aggravating and mitigating circumstances has to be drawn up and in doing so the mitigating circumstances have to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating circumstances before the option is exercised. 2.7.7 In rarest of rare cases when the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, death sentence can be awarded. The community may entertain such sentiment in the following circumstances as observed by the Supreme Court in Lehna Singh case (supra, at p. 86, paras 23-24): (1) When the murder is committed in an extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as to arouse intense and extreme indignation of the community. (2) When the murder is committed for a motive which evinces total depravity and meanness; e.g. murder by hired assassin for money or reward; or cold-blooded murder for gains of a person vis-à-vis whom the
33 murderer is in a dominating position or in a position of trust; or murder is committed in the course for betrayal of the motherland. (3) When murder of a member of a Scheduled Caste or minority community etc., is committed not for personal reasons but in circumstances which arouse social wrath, or in cases of ‘bride burning’ or ‘dowry deaths’ or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation. (emphasis supplied) (4) When the crime is enormous in proportion; For instance when multiple murders, say of all or almost all the members of a family or a large number of persons of a particular caste, community, or locality, are committed. (5) When the victim of murder is an innocent child, or a helpless woman or old or infirm person or a person vis-à-vis whom the murderer is in a dominating position, or a public figure generally loved and respected by the community. 2.7.8 If upon taking an overall global view of all the circumstances in the light of the aforesaid propositions and taking into account the answers to the questions posed by way of the test
- Page 1 and 2: GOVERNMENT OF INDIA LAW COMMISSION
- Page 3 and 4: 3 While dealing with the subject, t
- Page 5 and 6: 5 CONTETS Chapter - I Introduction
- Page 7 and 8: 7 CHAPTER-1 INTRODUCTION 1.1 Scope
- Page 9 and 10: 9 punishment/death sentence for the
- Page 11 and 12: 11 case. The tenets of penology dem
- Page 13 and 14: 13 ***** CHAPTER-2 DOWRY DEATH AND
- Page 15 and 16: 15 too, but legislation is necessar
- Page 17 and 18: 17 marriage and it is shown that so
- Page 19 and 20: 19 2.3.4. There are three occasions
- Page 21 and 22: 21 of offence. Section 304B is a su
- Page 23 and 24: 23 from the capital punishment to i
- Page 25 and 26: 25 for rape and robbery, and which
- Page 27 and 28: 27 extenuating circumstances which
- Page 29 and 30: 29 certain crime is rapidly growing
- Page 31: 31 of Punjab (1983) 3 SCC 470, the
- Page 35 and 36: 35 hold that a gruesome and cruel i
- Page 37 and 38: 37 302, IPC casts a heavy duty on t
- Page 39 and 40: 39 which the convict is for the tim
- Page 41 and 42: 41 the trial as well as local peopl
- Page 43 and 44: 43 subject to cruelty or harassment
- Page 45 and 46: 45 “222. (2) When a person is cha
- Page 47 and 48: 47 “464. (1) No finding, sentence
- Page 49 and 50: 49 29. At this stage, we may note t
- Page 51 and 52: 51 the previous day or a couple of
- Page 53 and 54: 53 distinct offences. A person char
- Page 55 and 56: 55 Whether such demand has any subs
- Page 57 and 58: 57 aimed at controlling, reducing,
- Page 59 and 60: 59 That may lay down the maximum an
- Page 61 and 62: 61 Timor) and Canada have done away
- Page 63 and 64: 63 3.5.5 Most anti-death penalty or
- Page 65 and 66: 65 capital offence would not be in
- Page 67 and 68: 67 case, the trial Court acquitted
- Page 69 and 70: 69 under Ss. 306 r/w 107 for abetti
- Page 71 and 72: 71 operate as a deterrent to other
- Page 73 and 74: 73 regret “that the Sessions Judg
- Page 75 and 76: 75 The prosecution must keep in min
- Page 77 and 78: 77 commute the sentence of death to
- Page 79 and 80: 79 presumed to have committed the d
- Page 81 and 82: 81 3.9.1 The principle of proportio
32<br />
circumstances of the crime and all the relevant<br />
circumstances.<br />
(iv)<br />
A balance sheet of aggravating and mitigating<br />
circumstances has <strong>to</strong> be drawn up and in doing so the<br />
mitigating circumstances have <strong>to</strong> be accorded full<br />
weightage and a just balance has <strong>to</strong> be struck between<br />
the aggravating and the mitigating circumstances<br />
before the option is exercised.<br />
2.7.7 In rarest of rare cases when the collective conscience of the<br />
community is so shocked, that it will expect the holders of the<br />
judicial power centre <strong>to</strong> inflict death penalty irrespective of their<br />
personal opinion as regards desirability or otherwise of retaining<br />
death penalty, death sentence can be awarded. The community<br />
may entertain such sentiment in the following circumstances as<br />
observed by the Supreme Court in Lehna Singh case (supra, at p.<br />
86, paras 23-24):<br />
(1) When the murder is committed in an extremely brutal,<br />
grotesque, diabolical, revolting, or dastardly manner<br />
so as <strong>to</strong> arouse intense and extreme indignation of the<br />
community.<br />
(2) When the murder is committed for a motive which<br />
evinces <strong>to</strong>tal depravity and meanness; e.g. murder by<br />
hired assassin for money or reward; or cold-blooded<br />
murder for gains of a person vis-à-vis whom the
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