The principles of just punishment are the bedrock of sentencing in respect ofcriminal offence". . Elaborate these principles with relevant Section of the Indian PenalCode, 1860- Delhi Judicial Services Mains Examination Model Answers to Previous Years Mains Questions Paper
Topic: Principles of Just Punishment under Indian Penal Code, 1860 Introduction: The concept of just punishment in criminal jurisprudence ensures that punishment is proportional, fair, and aimed at deterrence, reformation, and justice. The Indian Penal Code, 1860 (IPC) embodies these principles to maintain a balance between crime and punishment, ensuring that justice is not only done but is seen to be done. Key Principles of Just Punishment: Proportionality of Punishment: The punishment must fit the gravity of the crime. Example: Section 302 IPC (Murder) prescribes death or life imprisonment – reflecting the seriousness of the offence. The Supreme Court has consistently held that disproportionate punishment violates Article 14 and 21 of the Constitution (e.g., Mithu v. State of Punjab , 1983). Deterrence: Punishment should deter both the offender (specific deterrence) and the public (general deterrence). Section 376 IPC (Rape) imposes stringe...