Report No. 156
2. New forms of punishment.-
The Supreme Court has emphasised 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. In tune with the aforesaid judicial decisions, it is felt that the following new forms of punishment be introduced in the Indian Penal Code in addition to or as alternative. to imprisonment:-
(a) Community service;
(b) Disqualification from holding office;
(c) order for payment of compensation; and
(d) Public censure.
If the aforesaid approach is adopted, other relevant factors would also be required to be considered as to the kinds of offences for which these punishments should be made applicable. Quite apart from this while awarding the punishment of community service, other relevant factors such as age of the convict namely he should be above eighteen years, nature of work, duration of work, remuneration, if any, payable to the convict, be considered.
As regards compensation to the victim, it is prima facie felt that Court should take into consideration the relevant factors such as the nature of the offence, the motive therefor, the economic status of the offender and of the person in whose favour such order is made. The Court may also take into consideration other relevant factors in this regard.
While making the monetary compensation to the victim of the crime or his dependents for any loss or damage arising from such offence, it needs a deeper examination as to whether the amount of compensation should have any limitation qua the amount of fine impossible under the nature of offence for which he is convicted. In order to avoid the multiplicity of proceedings, should the victim be compensated adquately by the same Court instead of compelling the victim to resort to civil proceedings for recovery of the compensation?
Under the punishment of disqualification from holding office, it is felt pertinent that where any person holding office as a Director or manager of a company or as a public servant is convicted of any offence committed in connection with the affairs of the company or with his office as public servant, the Court should be empowered to award in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified from holding the same or similar office or exercising similar functions in the company or organisation where he was holding such office or in any other company or organisation, for a period not exceeding five years.
The Court may even direct for making publication of such an order in such newspaper in such other manner as it may deem fit.