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...those left out of it should be based on an intelligible differentia; and that differentia must have a rational nexus to the object sought to be achieved by law. Whereas, the repeat offenders can be sentenced under section 31 or sect..., which apply to all other cases under the ordinary law, as well as other crimes under the NDPS Act as otiose. As a matter of fact, the possibility of enhanced punishment for repeat offenders is a...covered by section 31-a of the ndps act cannot be suitably dealt with under the alternative enhanced punishment under Section 31 of the Act, which also applies to repeat offenders. As held in Mithu's case, it is to...
...enhanced punishment as opposed to Section 75 of the IPC. According to Dr. Chaudhary, Section 75 already prescribes enhanced punishment for repeat offenders, who have been previously convi...the scheme in the IPC to show that there are numerous provisions for punishing repeat offenders and that Section 376-E does not follow the `offence paradigm' as envisaged in IPC. According to him, in the scheme of IPC, high...
"376-E. Punishment for repeat offenders:- "Whoever has been previously convicte...
...enhanced punishment as opposed to Section 75 of the IPC. According to Dr. Chaudhary, Section 75 already prescribes enhanced punishment for repeat offenders, who have been previously convi...the scheme in the IPC to show that there are numerous provisions for punishing repeat offenders and that Section 376-E does not follow the `offence paradigm' as envisaged in IPC. According to him, in the scheme of IPC, high...
"376-E. Punishment for repeat offenders:- "Whoever has been previously convicte...
...arbitrary, as there is no determining principle for creating a harsher standard of punishment under Section 376-E, by lowering the criteria for enhanced punishment as opposed to Section 75 of the IPC. Acco...
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out the scheme in the IPC to show that there are numerous provisions for punishing repeat offenders and that Section 376-E does no...
"376-E. Punishment for repeat offenders:- "Whoever has been previously convicte...
... 51 Both section 75 and section 376E of Indian Penal Code provide enhanced punishment. Section 376E of Indian Penal Code reads as follows:
"376E....were repeat offenders, moreover, the earlier offence had not been reported till the second offence was registered and law was set in motion. It is submitted that Justice Verma Committee suggested to award enhanced ...) of Indian Penal Code is not an offence by itself. But it is an enhanced punishment for a repeat offender. The specific words used in the section are "previous" and "subsequent" and the said words have to be read ...
...opportunity of showing cause against such enhancement:Provided further that the appellate court shall not inflict greater punishment for the offence which in its...offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on...laws which specifically direct that the provisions of the Probation of Offenders Act shall not apply to the persons convicted for those offences and there may be cases under other laws as well which...
..., 1976 was accordingly brought into force with effect from April 1, 1976. It not only created new offences but also enhanced the punishment provided. But at the same time it also provided for graded...Amendment Act creates new offences or enhances punishment for a particular type of offence no person can be convicted by such ex post facto law nor can the enhanced punishment prescribed by the amendment...clear that anything that we have said shall not be construed as giving to the Central Amendment Act a retrospective operation insofar as it creates new offences or provides for an enhanced punishment....
...personal and family problems and to enable them to maintain their links with society. Even citizens of this country have a vested interest in preparing offenders for successful re-entry into society. Those...can help prepare offenders for success.
19. Having noted the aforesaid public purpose in granting parole or furlough, ingrained in the reformation theory of sentencing...he had been convicted for grave and serious offences and in case he is released, there would be a chance that he may repeat the offences, which would send a negative message against the justice system...
...to seven years, or with fine or with both. The punishment prescribed for the offence under Part I of Section 506 is imprisonment of either description for a term which may extend to two years, or with.... Indeed, there was all the more reason for not depriving the appellant of the benefit of the order made under Section 4 of the Probation of Offenders Act because the Additional Sessions Judge had...Jugal Kishore Prasad v. State Of Bihar . (1972) 2 SCC 633 was enacted in 1958 with a view to provide for the release of offenders of certain categories on probation or a...
...for certain classes of offenders, namely (1) white-collar offenders, (2) anti-social offenders, and (3) hardened murderers. This shows that the majority was not against the capital punishment in...Legislature, and not the Judiciary.21. Section 302 IPC, 1860, confers upon the Court a discretion in the matter of the punishment to be imposed for an offence of murder.... The majority expressed their personal distaste for the capital punishment, buttressed by the belief that it served no useful purpose. They asserted that the capital punishment was morally...
...:“8. … No particular reason has been given by the High Court for awarding such sentence. The court in fixing the punishment for any particular crime should take into...sentence has to be enhanced.”After so stating the Court enhanced the sentence to one of rigorous imprisonment for a period of five years...just punishment is designed so that the individuals in the society which ultimately constitute the collective do not suffer time and again for such crimes. It serves as a deterrent. The Court further...
...) IPC provides, inter alia, as under:“376. Punishment for rape.—(1)***(2) Whoever...for more than a year and there are dependants depending upon him, as the offence committed by him is of such a grievous nature that leniency with regard to the awarding of punishment cannot be...social aspect of the matter and are inept in many respects.”13. In the matter of punishment for offence committed by a person, there are many approaches to the...
...for whichever of the two sentences it imposes in its discretion. Therefore, the former rule that the normal punishment for murder is death is no longer operative and it is now within the discretion of...amendment of Section 367(5) of the old Code does not affect the law regulating punishment under IPC. This amendment relates to procedure and now courts are no longer required to elaborate the reasons for not...murder were normal sentences. Now, under Section 354(3) of the Code the normal punishment for murder is imprisonment for life and death penalty is an exception. The court is required to state the reasons...
...psychotropic substance is covered under the "small quantity", but by adding the neutral material the punishment awarded is for "commercial quantity". For instance, there are two offenders. One "A" is having...column no.6 of the table. It is submitted that if these two offenders "A" and "B" are convicted, then "A" would be given a punishment for 1 year while "B" can be given up to 20 years though actual content..., 2001 was brought to rationalise the quantum of punishment for addicts and less serious offenders and severe punishment for serious offenders;
3.7 This Court in the...
...,(ii) by deterring not only the offenders but also others from committing offences, and(iii) punishment or for that m...has prescribed “death” as an alternative punishment although, in actual fact, judicial compassion or executive clemency has averted the lethal blow — but at a price viz. prison tenancy for life...the whole subject-matter we must read Section 432 and Section 433 too.“432. (1) When any person has been sentenced to punishment for an offence, the...
...travelling in the bus died, merely because of the protracted trial of about 17 years and both of them had served sentence for a period of 15 days, reduced the same to the period already undergone and enhanced...section. The section provides punishment of either description for a term which may extend to two years or fine or both in case of homicide by rash or negligent act. To bring a case of homicide under...Offenders Act. While considering the quantum of sentence to be imposed for the offence of causing death by rash or negligent driving of automobiles, one of the prime considerations should be deterrence...
...unable to see any rational justification for making a distinction, in the matter of punishment, between these two classes of offenders. Murders can be motiveless in the sense that. in a given case, the...life imprisonment was prescribed as a punishment. It could then be argued that the intention of the legislature was to provide for enhanced sentence for the second offence of murder. But, under the...established by law”.2. Section 300 of the Penal Code defines “murder”, while Section 302 prescribes the punishment for murder. Section 302 reads thus...
...Alternatives enacted into the Penal Code. We may, for emphasis, recall Section 302 IPC, — at once laconic and draconic, which reads:Punishment for murder.—Whoever commits...murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.We approach the resolution of the punishment predicament in a...criminological foundations of theories of punishment which harmonise with the human rights jurisprudence of our cultural cosmos. Finally, we will set down the salient cynosures for Judges in their day-to-day...
...fine of Rs 500 in default and to suffer RI for one month. Accused 2 had already suffered the punishment, hence did not file any appeal against the order of the Sessions Judge. The accused preferred...punishment.10. Ms Aprajita Singh, learned counsel appearing for the respondent State submitted that the prosecution has succeeded in proving the guilt of the accused beyond...Punjab (1983) 3 SCC 470 this Court held that the case fell in the category of the rarest of rare cases calling for capital punishment...
.... There are exceptions to this general rule. For example, Section 376-E IPC provides as follows:“376-E. Punishment for repeat offenders.—Whoever has been previously convicted of an...Section 75 IPC which provides for enhanced punishment for certain offences under Chapter XII or Chapter XVII IPC after previous convictions. This Section reads as follows:“75.... Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.—Whoever, having been convicted,—(a) by a court in...