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Report No. 156

Working Session II

Delivering the key note address Justice Bhaskararao said that his article "Sentence and Punishment in Administration of Criminal Justice" has already been circulated. In his article he has dealt with at length the concept, policy and growth of sentencing. He has traced by giving extensive quotations from Manu to Court judgments.

Shri C. Padmanabha Reddy, Senior Advocate, Andhra Pradesh High Court said that he has aimed his views in the article but said it was written seven years back and much water has flown since then. He lamented that trial court spends time but it hardly takes minutes in superior courts and better consideration in point of time and attention is necessary in disposing of matters. He has referred to his article "Sentences and Sentencing Policies and procedures". He commented that in all earlier enactments only maximum sentence was fixed but the recent trend is fixing minimum punishments thereby curtailing the discretion of the judge in a given set of circumstances of a case before him.

Shri Kannati Rammohan Rao said that justice should be tempered with mercy. Referring to various suggested forms of punishment like community service, he said that it was not practicable.

Shri K.L.N. Sama, Advocate doubted whether section 427, Cr. P.C. was really to be given effect to, particularly when the remaining term of sentence was served after earlier sentence. He referred to sections 138, 139 of Negotiable Instruments Act and demanded compulsory punishment of six months simple imprisonment.

Shri V. Someswararao and Sri C.S. Rao also spoke.

Prof. K. Gupteswar intervening said that he wanted to share some information about U.S.A. On 12.10.1984 Federal sentencing has been made an Act. The Supreme Court accepted it, one Judge dissenting.

Shri Srivastava, Joint Secretary, Law Commission of India sharing some information said that provision in default of fine has been taken care. He referred to sections 65 and 75 enhancement of punishment.

With some short observations about sections 303 and 307, I.P.C. by Shri Justice K.J. Reddy, the session concluded.



The Indian Penal Code Back




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