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Principle of proportion between the crime and the punishment is the principle of “just deserts”

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.

Punishment – Proportionality of

Contents Punishment & Disciplinary Authority Punishment : The Supreme Court in the case of S.R. Tewari v. Union of India, (2013) 6 SCC 602, which read as under: The question of interference on the quantum of punishment has been considered by this Court in a catena of judgments and it was held that if the punishment awarded is disproportionate to the gravity of the misconduct, it would be arbitrary, and thus, would violate the mandate of Article 14 of the Constitution. In Ranjit Thakur v. Union of India (1987) 4 SCC 611, Apex Court observed as under: Sentence has to suit the offence and the offender. It should not be vindictive or unduly harsh. It should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. See Also: Union of India v. G. Ganayutham AIR 1997 SC 3387 State of U.P. v. J.P. Saraswat (2011) 4 SCC 545 Chandra Kumar Chopra v. Union of India (2012) 6 SCC 369 High Court of Patna v. Pandey Gaj...

Proportionality of crime vs punishment

1)Raj Bala vs State Of Haryana And Ors. Etc. Etc on 18 August, 2015 2)Gopal Singh vs State Cadre Forest Officers ... on 15 May, 2007 3)Shailesh Jasvantbhai & Anr vs State Of Gujarat & Ors on 19 January, 2006 4)Sevaka Perumal, Etc vs State Of Tamil Nadu on 7 May, 1991 Just punishment is the collective cry of the society. While the collective cry has to be kept uppermost in the mind, simultaneously the principle of proportionality between the crime and punishment cannot be totally brushed aside.