Report 202 â Proposal to amend Section 304-B IPC Dowry ... - Jeywin

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40 20 years and a `life convict would not be entitled to automatic release under this provision of law. We, therefore, find no substance in the submission made by Mr.Malik, the learned Senior Counsel. [Mr. Malik had submitted that in view of sub-rules (4) and (29) of Rule 591, all the petitioners were entitled to be released as of right as their total period of imprisonment was `more than 20 years]. 11. Following guidelines were framed by the Government or the premature release of life convicts, namely: (i) (ii) (iii) (iv) (v) Whether the offence is an individual act of crime without affecting the society at large. Whether there is any chance of future recurrence of committing crime. Whether there is any fruitful purpose of confining of these convicts any more. Whether the convicts have lost potentiality in committing crime. Socio-economic condition of the convicts’ families. 12. The Review Board refused to grant premature release of the petitioners on the following grounds: (1) police report is adverse; (2) the convicts are not overaged persons and as such have not lost the potentiality in committing crime; (3) since other co-convicts were trying to come out from jail, there was a possibility of regrouping for antisocial activities; (4) the offence was not an individual act of crime but was affecting society at large; (5) convicts were antisocial; and (6) the witnesses who had deposed at
41 the trial as well as local people were apprehensive of retaliation in the event of premature release. 14… The conduct of the petitioners while in jail is an important factor to be considered as to whether they have lost their potentiality in committing crime due to long period of detention. The views of the witnesses who were examined during trial and the people of the locality cannot determine whether the petitioners would be a danger to the locality, if released prematurely. This has to be considered keeping in view the conduct of the petitioners during the period they were undergoing sentence. Age alone cannot be a factor while considering whether the petitioners still have potentiality of committing crime or not as it will depend on changes in mental attitude during incarceration.” 2.9.4 In Ravindra Trimbak Chouthmal Vs State of Maharashtra, (1996) 4 SCC 148, Hon’ble Supreme Court commuted the sentence of death to imprisonment for life and further ordered that sentence passed under Section 201 to run not concurrently but consecutively: While doing so, the Court observed: “We have given considered thought to the question and we have not been able to place the case in that category which could be regarded as the “rarest of the rare” type. This is so because dowry death has ceased to belong to that species of killing. The increasing number of dowry deaths would bear this. To halt the rising graph, we, at one point, thought to
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 and 32: 31 of Punjab (1983) 3 SCC 470, the
Page 33 and 34: 33 murderer is in a dominating posi
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: 39 which the convict is for the tim
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
Page 83 and 84: 83 from the principle of proportion
Page 85 and 86: 85 are brought against the accused,
Page 87 and 88: 87 3.9.6 Keeping this in view, we a
Page 89: 89 alone. We will, however, refrain

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Report 202 â Proposal to amend Section 304-B IPC Dowry ... - Jeywin