Criminal law

Criminal Justice System: Crime and Punishment

In the northern and southern partitions of the incredible Diwan-i-Khas, once home to the fabled Peacock Throne within the 380-yr-antique Delhi Red Fort, are inscribed the lyrical words of the immortal 13th-century Sufi poet Amir Khusro: “Gar Firdaus bar rue zamin last, Hami auto, hamin auto, hamin at (If there be a paradise on this planet, it is this, it is this, it’s far this).”


Twenty-one kilometers west of the Red Fort stands every other high-quality monument of strength—the sixty one-12 months-old Tihar jail, stated to be amongst the biggest prisons inside the globe. On the soul of each accursed inmate of Tihar are inscribed the tragic phrases: “If there be a hell on this planet, it’s for this, it is this, it’s miles this.”

Against this historical past, we should be deeply involved that a public interest petition (PIL) has been filed within the Supreme Court asking, in effect, for greater prisoners to be despatched to our crumbling and dysfunctional prisons, to be subjected to abuse and violence there. Media reviews say that the petition asks the Supreme Court for guidelines that consecutive in place of concurrent sentences be provided to those convicted of multiple offenses underneath legal guidelines inclusive of the Unlawful Activities (Prevention) Act, 1967, Prevention of Corruption Act, Prevention of Money Laundering Act, Foreign Contributions Regulation Act and Prohibition of Benami Property Transaction Act. However, while consecutive sentences are permissible beneath Indian regulation, Section 31(2)(a) of the Criminal Procedure Code limits the total cumulative sentenced to 14 years (even though a reputedly inaccurate view has been canvassed that this obstacle does no longer follow to sentences imposed by way of higher courts which includes Sessions and Additional Sessions courts).

The reason for this newsletter is not to comment on the PIL whilst it’s far pending in the Supreme Court. The reason is to question the implicit assumption of the PIL that the first-rate manner to reply to the crimes with which it is involved (corruption, monetary offenses, terrorism) is to boom the length of sentences and send more people to jail. The article also indicates that instead of seeking advert hoc adjustments through PILs, there is a want for a comprehensive countrywide debate on key issues and developing a brand new legislative imaginative and prescient on criminal justice as a foundation to reform and beef up it.

First, is the most effective way to address the crimes with which the PIL is concerned increasing incarceration via mandatory consecutive sentencing? The method inside the petition is said to be inspired in component through a pronounced 2016 suggestion of Justice Arijit Pasayat, retired choose of the Supreme Court and deputy chairman of the Supreme Court-appointed SIT on black money that India should follow the US example of punishing economic offenders for up to 150 years via consecutive sentencing. The discovered judge is proper in looking to the US as a role version for long jail sentences. Cumulative sentences in the US regularly extend to a couple of centuries.

One of the most egregious examples is that of 64-year-antique Terry Nichols serving 161 consecutive lifestyles sentences without parole (sure, you study that proper) in a jail in Colorado. Nichols’ sentence is broadly taken into consideration to be the longest sentence provided inside the US. He changed into convicted of numerous crimes for his part inside the 1995 bombing of a US federal office building in Oklahoma which killed 168 and injured over 680. However, subsequent developments raise extreme doubt whether the 161 consecutive existence sentences given to him and the execution of fellow accused Timothy McVeigh of his function in the same terrorist attack have had any deterrent impact.

R competencies to deal with a criminal offense holistically. How can we reply to a crime using a broader range of institutions, equipment, and sources to address the needs of the sufferer and the accused? Today, violence is at the center of State reaction to crime. As a rustic that fought for its freedom on the idea of non-violence and compassion, we want to recall how to make the criminal justice machine comparable and greater reflective of the spirit and ethos of our Republic.

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