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
82 the principle that only the guilty ought to be punished indeed, the requirement that punishment not to be disproportionately great, which is a corollary of just desert, is dictated by the same principle that does not allow punishment of the innocent, for any punishment in excess of what is deserved for the criminal conduct is punishment without guilt. A convict hovers between life and death when the question of gravity of the offence and award of adequate sentence comes up for consideration. Mankind has shifted from the state of nature towards a civilized society and it is no longer the physical opinion of the majority that takes away the liberty of a citizen by convicting him and making him suffer a sentence of imprisonment. Award of punishment following conviction at a trial in a system wedded to the rule of law is the outcome of cool deliberation in the court room after adequate hearing is afforded to the parties, accusations are brought against the accused, the prosecuted is given an opportunity of meeting the accusations by establishing his innocence. It is the outcome of cool deliberations and the screening of the material by the informed man i.e. the Judge that leads to determination of the lis. Proportion between crime and punishment is a goal espected in principle, and in spite of errant notions it remains a strong influence in the determination of sentences. The practice of punishing all serious crimes with equal severity is now unknown in civilized societies; but such a radical departure
83 from the principle of proportionality has disappeared from the law only in recent times. Even now a single grave infraction is thought to call for uniformly drastic measures. Anything less than a penalty of greatest severity for any serious crime is thought than to be a measure of toleration that is unwarranted and unwise. But, in fact, quite apart from those considerations that make punishment unjustifiable when it is out of proportion to the crime uniformly disproportionate punishment has some very undesirable practical consequences.” 3.9.2 There is another important aspect that needs to be kept in view while dealing the subject under consideration, that is to say, the need for keeping emotional and sentimental feelings generated why incidence of dowry death within permissible bounds both while prescribing sentence for an offence and also while awarding a sentence in any case. It will be useful to refer the following observations made in the case of State (Delhi Administration) Vs Laxman Kumar, AIR 1986 SC 250: “We appreciate the anxiety displayed by some of the women organizations in cases of wife burning crime to be condemned by one and all and if proved deserving the severest sentence. The evil of dowry is equally a matter of concern for the society as a whole and should be looked upon contemptuously both on the giver and the taker. The Courts cannot allow an emotional and sentimental feeling to come into the judicial pronouncements. Once
- 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 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: 81 3.9.1 The principle of proportio
- 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
83<br />
from the principle of proportionality has disappeared from<br />
the law only in recent times. Even now a single grave<br />
infraction is thought <strong>to</strong> call for uniformly drastic measures.<br />
Anything less than a penalty of greatest severity for any<br />
serious crime is thought than <strong>to</strong> be a measure of <strong>to</strong>leration<br />
that is unwarranted and unwise. But, in fact, quite apart<br />
from those considerations that make punishment<br />
unjustifiable when it is out of proportion <strong>to</strong> the crime<br />
uniformly disproportionate punishment has some very<br />
undesirable practical consequences.”<br />
3.9.2 There is another important aspect that needs <strong>to</strong> be kept in<br />
view while dealing the subject under consideration, that is <strong>to</strong> say,<br />
the need for keeping emotional and sentimental feelings generated<br />
why incidence of dowry death within permissible bounds both<br />
while prescribing sentence for an offence and also while awarding<br />
a sentence in any case. It will be useful <strong>to</strong> refer the following<br />
observations made in the case of State (Delhi Administration) Vs<br />
Laxman Kumar, AIR 1986 SC 250:<br />
“We appreciate the anxiety displayed by some of the women<br />
organizations in cases of wife burning crime <strong>to</strong> be<br />
condemned by one and all and if proved deserving the<br />
severest sentence. The evil of dowry is equally a matter of<br />
concern for the society as a whole and should be looked<br />
upon contemptuously both on the giver and the taker.<br />
The Courts cannot allow an emotional and sentimental<br />
feeling <strong>to</strong> come in<strong>to</strong> the judicial pronouncements. Once
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