Report No. 156
Issue No. 2
Seven Judges agreed with the proposal with some suggestions. Further, five Judges are of the view that the new forms of punishments proposed should not apply to the economic and social offences. The Punishment of community service should be made applicable only to the summons cases. The victim should be compensated by the trial court itself and maximum amount of compensation should be fixed.
Another Judge feels that the 'community service' may not be relevant and applicable to Indian conditions and the amount of compensation to the victim of crimes should be left at the discretion of the court which shall take into consideration while fixing compensation or damages in any civil suit arising out of he same cause of action and give an opportunity to both the victim and the accused.
Government of Gujarat agreed regarding the form of punishment as suggested by the Supreme Court. One State Government is silent on the issue.
Four Police Officers are of the view that as far as "Community Service" and "Public Censure" are concerned, it will be extremely difficult to administer in practice, however, they have agreed with the remaining proposals of the Law Commission.
One Police officer is of the view that "Community Service" needs to be defined. Compensation is neither a reward nor a punishment. Instead of making it as a farm of punishment the maximum (Rs. 50,000) and minimum (Rs. 1000) fine amount may be prescribed depending on the nature of the offence. The fine amount so realised and also realised from the sureties for forfeiture of bail bond may go to a fund wherefrom payment of compensation may be given.
One Advocate is of the view that punishment of "Community Service" may not be effective. Section 70(2) does not appear to be Justified. The other Advocate has not responded the issue.
Himachal Pradesh Sate Law Commission agreed with the proposal of Law Commission of India.
The Academician also supported the issue.
Both 'Nirantar' and 'Federation India Chambers of Commerce and Industry' have not touched upon the issue.