In Vasanta Sampat Dupare Vs. State of Maharashtra, Supreme Court of India stated that the principle of proportion between the crime and the punishment is the principle of “just deserts” that serves as the foundation of every criminal sentence that is justifiable.
In other words, the “doctrine of proportionality” has a valuable application to the sentencing policy under the Indian criminal jurisprudence. Thus, the court will not only have to examine what is just but also as to what the accused deserves keeping in view the impact on the society at large.
Every punishment imposed is bound to have its effect not only on the accused alone, but also on the society as a whole.
Thus, the courts should consider retributive and deterrent aspect of punishment while imposing the extreme punishment of death.
In other words, the “doctrine of proportionality” has a valuable application to the sentencing policy under the Indian criminal jurisprudence. Thus, the court will not only have to examine what is just but also as to what the accused deserves keeping in view the impact on the society at large.
Every punishment imposed is bound to have its effect not only on the accused alone, but also on the society as a whole.
Thus, the courts should consider retributive and deterrent aspect of punishment while imposing the extreme punishment of death.
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