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Advocate Trilok Gupta at ETA Gardens Apartment TGAOA Managing Committee


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Types of Punishments

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...
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Theories of Punishment

 Theories of Punishment: Imposing punishment upon the wrong doer was recognized from the time of immemorial. In olden days, severe punishment was imposed for smaller offence. As the civilization developed, the attitude towards the imposing of the punishment has been changed. Gandhi said, “Hate the Sin, but not the Sinner” Like this, other philosophers showed mercy upon the criminals and started analyzing the Socio-economic circumstances behind the incident of the offence. Their views are classified into: 1) Deterrent Theory 2) Retributive Theory 3) Reformative Theory 4) Preventive Theory 5) Expiatory Theory 1. Deterrent Theory: According to this theory, the punishment given to a wrong doer must be as hard as possible so that it may set an example who commits the same. That is, it not only punishes a particular person but it also directs punishment to the other possible criminals. The deterrent theory creates some kind of fear in the mind of other by providing an adequate penalty an...
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Article 15 (Prohibition of discrimination)

Article – 15 Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth: When a law comes within the prohibition of Article-15, it cannot be validated without Article-14 by applying the principle of reasonable classification. There are 5 clauses under Article-15, they are: 15(1) The State shall not discriminate against any citizen on the grounds  only of Religions, Race, Caste, Sex, Place of birth or any of them. 15(2) No citizen shall on the grounds only of Religions, Race, Caste, Sex,  Place of birth or any of them, be the subject of any of the disability,  liability, restrictions or any condition with regard to: Access to shops, public restaurants, hotels and any places of public entertainment or The use of Wells, tanks, Bathing Ghats, Roads and the places of public resort maintained wholly or partially out of state funds or is dedicated to the use of general public. 15(3) Nothing in this Article shall prevent the state ...
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