Punishment
By
V. K. Maheshwari
Undoubtedly quantum of sentence is one of the most crucial factor for administration of criminal justice. Different types of punishment right from admonition to death penalty have been provided under law according to nature and gravity of the crime. Awarding a reasonable sentence is not only proper but essential for the sake of justice. If on one hand, imposing a harsh punishment is unjustified on the other hand, extremely lenient view in sentencing is equally uncalled for and unjustified. In other words, it can safely be said that failure of imposing a reasonable and judicious punishment is virtually failure of justice. Some times even the faith of public in judicial system seems to have shattered in case the criminals are not penalised effectively.
Hon’ble Kerala High Court in case of Raman v. Francis, 1988 Cri LJ 1359 observed in this regard.
“Inadequate sentences can do harm to the system. Law must meet the challenges that criminalisation offers. Maud ....