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Report No. 156

18. Amendment of section 53: Punishments.-

Do you agree that as emphasised by the Supreme Court in a number of cases that while awarding punishment to a convict, the court should adopt the reformative approach instead of awarding deterrent punishment wherever possible? so it is felt that the following new forms of punishment be introduced in the Penal Code in addition to or as alternative to imprisonment:-

(a) community service;

(b) disqualification from holding office;

(c) order for payment of compensation;

(d) public censure;

If you agree with the aforesaid view:

(a) In your opinion, what should be the relevant factors which would also be required to be considered?

(b) What are the kinds of offences for which these punishments should be made applicable?

(c) Whether, while awarding the punishment of community service, relevant factors such as age of the convict, nature of work, duration of work, remuneration, if any, payable to the convict, be also considered?

(d) Whether the amount of compensation should take any limitation?

(e) Should the victim be compensated by the same court instead of compelling him to resort to civil proceedings for recovery of the same?

The Indian Penal Code Back

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