Kinds Of Punishments | Overview

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Punishment under IPC: All

you need to know about it
This article has been written by  Lakshmi. V. Pillai  of 5th year pursuing B.A. LL.B
from GLS Law College, Ahmedabad. This article in depth discusses the various
types of punishment provided under Section 53 of the Indian Penal Code,1860.
Further, the constitutionality of the death penalty and various case laws
wherein the death penalty has been upheld and not upheld by the Apex Court
are also cited. This article also includes topics like sentencing policy,
compensation to victims and proposals for reform under IPC. 

Table of Contents
 Introduction
 Sentencing Policy
 Fundamental Principles for Imposition of Different Types of Punishments  
o Scope of Section 53
 Awarding Appropriate Sentence is the Discretion of the Trial Court
o When Appellate Courts Can Interfere with Sentence Imposed
 Principles for Sentencing 
 Aggravating Circumstances 
 Types of Punishments
o Death Sentence
o Procedure When Death Penalty is Imposed 
 Constitutional Validity of Death Penalty
 Evolving Parameters for Imposition of Death Sentence
 Sentencing Procedure: Mandatory Provision of Section 235(2), Code of
Criminal Procedure 1973
 Case laws on Death Sentence (When the death sentence is confirmed)
 (1) State of Tamil Nadu v Nalini
 (2) Jai Kumar v State of Madhya Pradesh
 (3) Suresh Chandra Bahri v State of Bihar
 (4) Dhananjoy Chatterjee alias Dhana v State of West Bengal  
 (5) Sushil Murmu v State of Jharkhand
 (6) Holiram Bardokti v State of Assam
 Cases laws on Death Sentence (When Death Sentence has been
Commuted to Life Imprisonment)
 (1) Om Prakash v State of Haryana
 (2) Rajendra Rai v. State of Bihar
  (3) Kishori v State of Delhi
 (4) State v Paltan Mallah & Ors 
 (5) Sambhal Singh v State of Uttar Pradesh
 (6) Swamy Shraddananda @ Murali Manohar Mishra v State of
Karnataka 
o Commutation of Death Sentence by the State or Central Government Scope
o Imprisonment for Life
 Scope of Section 57
 Is Life Sentence does Period of 14 Years?  
 The distinction between ‘Commutation’ under Section 55, Indian Penal
Code 1860, and Section 433, Code of Criminal Procedure 1973
o Imprisonment
 Minimum Wages for Prisoners 
o Forfeiture of Property
o Fine
 Amount of Fine should not be Excessive
 Sentence of Imprisonment for Non-payment of Fine 
 Scope of Section 65
 Scope of Section 67
 Recovery of Fine
o Conviction for Doubtful Offences
o Solitary Confinement
 Scope of the Sections Providing Solitary Confinement
o Enhanced Punishment 
 Scope of Section 75
o Compensation to Victims of Crime 
 Compensation to Victims of Crime from Fine
 Compensation to Victims of Crime from Victim Compensation Scheme
 Compensation to Victims of Crime from Wages of Prisoners
o Proposals for Reform

 References

Introduction

Under the sanction of the law, punishment is retribution on the offender to the
suffering in person or property which is inflicted by the offender. Punishment is
the way through which an offender can be stopped from doing offences against
person, property, and government. Therefore, punishments can be of various
types like deterrent, rehabilitative, restorative and retributive.
Sentencing Policy

Under the Indian Penal Code, the sentencing policy is measured on the following
factors:

 The gravity of the violation;

 The seriousness of the crime; and
 Its general effect upon public tranquillity.

There is a correlation between measures of punishment and the measure of

guilt. Accordingly, the sentencing policy in a particular offence is standardized.

In March 2003, a body was established by the Ministry of Home Affairs, the
Malimath Committee (the Committee on Reforms of Criminal Justice System) in
India. The purpose of the committee was to give recommendations on the
sentencing guidelines for the Indian Judiciary. The aforesaid committee had
issued its report in which it stated that there is a need to introduce guidelines
on sentencing to minimize the uncertainty of awarding sentences. The
committee observed that “for many offences, only the maximum punishment is
prescribed and for some offences, the minimum may be prescribed” and
thereby there is a lack of uniformity. This results in wide discretionary powers to
the Judges to decide the sentencing duration, which leads to uncertainty in the
sentencing policy. In 2008, the Madhava Menon Committee (the Committee on
Draft National Policy on Criminal Justice), again reaffirmed the need for
statutory sentencing guidelines.

As per the white paper introduced by the British Parliament, the aim of having a
sentencing policy should be “deterrence and protection of society from evils”.
The lack of sentencing policy will not only affect the judicial system but it will
also substantially harm society. 
Fundamental Principles for Imposition of Different Types of
Punishments 

As per the United States Institute of Peace, the principle of the imposition of
punishment can be based on:

1. The necessity for criminal justice compulsion; and

2. The proportionality of punishment based on the nature and degree of
the danger which is present against the fundamental freedoms, human
rights, social values, rights guaranteed and protected under the
Constitution or international law. 

In the case of Soman v. Kerala, the Supreme Court of India cited a number of
principles while exercising discretionary powers by the Court. The general
principles are proportionality, deterrence, and rehabilitation. In the
proportionality principle aggravating and mitigating factors should be
considered. Mitigating circumstances are related to the criminal and aggravating
circumstances are related to the crime.

In para 12 of the Soman’s case, the Supreme Court pronounced that “Giving
punishment to the wrongdoer is at the heart of the criminal justice delivery, but
in our country, it is the weakest part of the administration of criminal justice.
There are no legislative or judicially laid down guidelines to assist the trial court
in meting out just punishment to the accused facing trial before it after he is
held guilty of the charges.” Further, the court acknowledged and opined the
observation made in the case of State of Punjab v. Prem Sagar, wherein the
Court stated that “In our judicial system, we have not been able to develop
legal principles as regards sentencing. The superior courts except making
observations with regard to the purport and object for which punishment is
imposed upon an offender have not issued any guidelines.” Therefore, there is a
necessity to have a sentencing policy with due consideration to the
recommendations made by the Madhava Menon Committee and Malimath
Committee. 

Scope of Section 53
In the Indian Penal Code, 1803 (“Code”), Section 53, specifically deals with
different types of punishments which can be given by the Criminal Courts if the
person is held liable under the Code.

There are five kinds of punishments recognized under Section 53 of the Code:

1. Death;
2. Imprisonment for life;
3. Imprisonment:

1. Rigorous Imprisonment; or 

2. Simple Imprisonment.

1. Forfeiture of property;
2. Fine.

Considering the above punishments, the courts are supposed to follow the
procedures and provisions which are prescribed under other adjective and
substantive laws. 

As per the scheme of the Code the maximum punishment is prescribed, leaving
the minimum to the discretion of the Judge. The Judge has all the means to
form an opinion on the sentence which would meet the end of justice in a
particular case. If the offence is grave in nature then the Code had prescribed
the maximum and the minimum duration of the punishment.
Awarding Appropriate Sentence is the Discretion of the Trial
Court

In the case of Sibbu Munnilal vs State Of Madhya Pradesh, the three-judge

bench of the Madhya Pradesh High Court had observed the scheme of
punishment as follows:

1. The classification of offences is made with reference to the maximum

punishment to which the offender is liable to receive.
2. In the case of the death penalty and imprisonment for life is provided
as a punishment under a section. Imprisonment for life shall be
considered as an alternative. And death penalty shall only be given if
the case comes under the ambit of ‘rarest of rare case’. While giving
the death penalty as punishment the Judge shall give due importance
to the facts and nature of the case. 
3. Imprisonment can be categorized into two categories- simple and
rigorous.
4. Imprisonment for life means rigorous imprisonment for twenty years.
5. The difference between imprisonment for life and imprisonment is the
former can be rigorous and the imprisonment is till his last breath,
however, the duration of the latter can vary from period 24 hours to 14
years.
6. Lastly, offences punishable with fine means the offences for which the
maximum penalty can be fine only.

In a recent case of 2017, in State Of H.P vs Nirmala Devi, the Supreme Court

ruled that the trial court has the discretion to give punishments as per the
scheme provided under the code.

When Appellate Courts Can Interfere with

Sentence Imposed
As per Section 386 of CrPC, the Powers of Appellate Court are as follows:

1. The Appellate court can interfere or dismiss the appeal if it finds

sufficient grounds to do so after hearing the parties of the appeal;
2. If the matter is an appeal from an order or acquittal:

1. Then the appellate court can reverse such order and direct further
inquiry of the matter or;
2. Direct for retrial of the accused.

3) If an appeal from a conviction, then the Appellate court have the following
powers:

1. Reverse the finding and sentencing and acquit or discharge the

accused or order for the retrial by a competent court, or committed for
trial;
2. Alter the maintaining, finding of the sentence, or;
3. Alter the nature or the extent or nature and extent of the sentence,
with or without altering the finding. However no power to enhance the
sentence by the court.

4) If an appeal for enhancement of sentence, then the Appellate court have the
following powers:

1. Reverse the finding and sentencing and acquit or discharge the

accused or order for the retrial, or committed for trial;
2. Alter the maintaining, finding of the sentence, or;
3. Alter the nature or the extent or nature and extent of the sentence,
with or without altering the findings with the power to enhance or
reduce the sentence.

5) if the appeal is from any other order, then power to alter or reverse such
order;
6) the appellate court can make any amendment or act incidental or any
consequential order can be ordered which may seem to be just or proper to the
court.

The section also includes a provision wherein it lays out conditions to the
Appellate Court while exercising this power:

The conditions are as follows:

1. The Appellate Court shall not enhance the punishment unless the
accused given an opportunity for such enhancement;
2. Further, the Appellate Court shall not inflict the punishment given by
the court under appeal (trial court or lower court) unless the Appellate
Court has a view that the punishment is inadequate.

In the recent case of State Of H.P vs Nirmala Devi, the Supreme Court held that
the Appellate court shall not exceed its powers under Section 386 of Cr.P.C.
beyond the statutory scheme provided under the Indian Penal Code. For
example, to alter the sentence of imprisonment and fine with a sentence only of
fine, the Appellate Court can not alter the order likewise where the
consequences will be unjust and unfair. 

Principles for Sentencing 

The principle for sentencing developed through court decisions and legislation.
And these principles form the sentencing decisions. The principles which are
generally followed by the court are as follows:

 Excessiveness/Parsimony– the punishment which is given shall not

be severe unless required.
 Proportionality– the sentencing shall fit to the overall gravity of the
crime.
  Parity– the punishment should be similar for similar types of offences
committed by offenders under similar situations.
 Totality– when an offender is punished with more than one sentence,
the overall sentence must be just and appropriate which shall
proportional to the offending behaviour.
 Purpose– the sentencing shall achieve the purpose of the punishment.
The purpose of punishment can be a deterrent, rehabilitative,
protection of the public, etc.
 Simplicity and predictability– sentencing shall not be depending on
the bias or personality of the judge. There shall be a clear and definite
scheme of sentencing.
 Truthfulness- the sentencing shall reflect the actual term to be
served by the prisoner in prison, so there shall be no place for
ambiguity.

Aggravating Circumstances 

The aggravating circumstances to which the Judges consider are as follows:

1. The surrounding of the crime itself;

2. The circumstances relating to the criminal’s background;
3. The circumstances relating to the criminal’s conduct; 
4. The criminal’s future dangerousness;

The other factors which are considered under aggravating circumstances are as
follows:

 Professionalism and premeditation;

 Prevalence of offence;
 Offences committed in the group;
 Breach of trust.
In the case of Sangeet & Anr. v. State of Haryana, the court noted that the
approach which was laid down in the case of Bachan Singh was subsequently
not fully adopted by the courts. The mitigating factors and aggravating factors
both need to be considered and balanced while sentencing a punishment to the
accused. 

Types of Punishments

1.Death Sentence
 The death sentence is a punishment which is sanctioned by the government
and ordered by the court where a person is put to death for a crime acted by
him. It is also referred to as ‘Capital Punishment’. The act of carrying out such
practice is called execution. As per the Amnesty International survey, the report
on as of July 2018 is 56 countries retain capital punishment and 106 countries
have completely abolished capital punishment for all crimes. In India, the death
penalty is given by the method of hanging. The other ways through which death
sentences executed at world scenarios are stoning, sawing, blowing from a gun,
lethal injection, electrocution, etc.

The subject of death sentence always has been a matter of controversy. While
considering the Constitution as the supreme, the validity of death sentence v/s
fundamental rights constantly came forward for the debates. However, the
death sentences are rarely given in the Indian criminal courts. In the case
of Bachan Singh vs State Of Punjab, the Supreme Court held that capital
punishment shall be given in the “rarest of the rare” case. However, what
constitutes the “rarest of the rare cases” is not prescribed by the Supreme
Court or by the legislature.

In the case of Jagmohan Singh v. State of Uttar Pradesh, the SC ruled that the
approach towards imposing capital punishment shall be balanced on mitigating
and aggravating factors of the crime. However, in the case of Bachan Singh, for
the first time, this approach was called into question due to the amendments in
the Cr.P.C. As per the amendment in the Cr.P.C. in the offence of murder the
offender shall be punished with the sentence of life imprisonment. After taking
due consideration of the amendment, the Court stated that capital punishment
shall be given in special cases only. However, in the case of Sangeet & Anr. v.
State of Haryana, the court noted that the approach laid down in Bachan
Singh’s case is not fully adopted. The courts still give primacy to the crime and
not to the circumstances of the criminal. The balance of the mitigating and
aggravating factors have taken a bit of a back seat in ordering punishment. 

The provisions under which the death penalty is given as punishment under IPC
are as follows:

 Section 115– Abetment for an offence punishable with death or

imprisonment for life (if offence not committed);
 Section 118– Concealing design to commit an offence punishable with
death or imprisonment for life.
 Section 121– When armed rebellion (i.e. waging, abetting to waging of
war or attempting to wage war) is made against the constitutionally
and legally established government;
 Section 132– Uprising, supporting and encouraging the formation of
the mutinous group of people in the nations armed forces;
 Section 194- With the intent to obtain a death sentence to an innocent
by presenting concocted vexatious proof;
 Section 302– Causing murder of another;
 Section 305– Abetting suicide to an insane or minor person;
 Section 303– When a life convict person murders another person;
 Section 396– Causing dacoity with murder;
 Section 364A– Kidnapping;
 Section 376A (as per the Criminal Law Amendment Act, 2013)- Rape

Some other Acts under which the death penalty covered as punishment are: 
 1. Section 4, part II of the Prevention of Sati Act- Abetting or aiding an
act of sati.
2. Section 31A of the Narcotic Drugs and Psychotropic Substances Act-
Drug trafficking in cases of repeat offences.

However, the death penalty as a punishment is an exception to certain persons

like intellectually disabled, pregnant women and minors.

Procedure When Death Penalty is Imposed 

The death sentence is executed by two modes in India:

1. Hanging by the neck till death (this is mostly ordered by the Courts);
2. Being shot to death.

The various states of India have jail manuals that provide a method for the
execution of death sentences. In accordance with Section 354(5) of the Code of
Criminal Procedure Act, 1950 hanging by neck till death is the mode of the
execution. After the death sentence is awarded by the court, the accused have
the right to appeal the order. After exhausting all remedies and confirmation of
the order, the execution is made as per procedure under Section 354(5) of
Cr.P.C. The process of execution is provided separately under the Air Force Act,
1950, the Army Act, 1950 and the Navy Act, 1957. However, the procedure
under the above-mentioned defence acts is applicable to defence officers only.

The Prison manual of different states of India gives detailed instructions about
the execution particulars. Some are as follows:

1. The prisoner who is convicted for death sentence shall be given a

proper diet, examined twice a day. The officers shall satisfy that the
prisoner has no article by which he can attempt for suicide.
2. The description of the rope and testing of rope.
3. Regulation of the drop while executing the hanging.
 4. Time of executions.

Constitutional Validity of Death Penalty

The issue of the death penalty is not a recent issue. It has been discussed,
studied and debated for a prolonged time. However, till today no conclusion is
drawn about the abolition or retention of the provision. The death penalty has
been the mode of punishment from the British era. Various countries have
abolished this practice. However, in Arab countries the principle of retributive
punishment i.e. “an eye for an eye” is practised. In the list of retention
countries as mentioned above, India is one of them which have retained to give
death penalty unless some ‘special reasons’ or ‘rarest of rare case’ condition
arise. 

Under Article 21 of the Constitution of India, the right to life and liberty is
guaranteed, including the right to live with human dignity. There are certain
exceptions that are recognized by the law wherein in the name of law and public
order the state can restrict the rights. In Maneka Gandhi v. Union of India, the
SC laid down the principle of “due process” through which a state can restrict
the citizens from enjoying their rights. In the case of the death penalty the due
process can be as follows:

 Death penalty to be given in ‘rarest of the rare’ cases;

 The accused shall be given the ‘right to heard’;
 As per Article 136, the death penalty shall be confirmed by the High
Court;
 Under Section 379 of the Cr.P.C., the accused have the right to appeal
in the Supreme Court;
 Under Section 433 and 434 Cr.P.C., the accused may pray for
commutation, forgiveness, etc. of the sentence.

In various cases, the constitutional validity of the death penalty was challenged.
In the case of Jagmohan Singh v. State of U.P, the argument was that the death
penalty is in violation of Article 14 (Right to Equality), Article 19 (Right to
Freedom) and “right to life” i.e. Article 21, which has been unanimously rejected
by the five-judge bench of the Supreme Court. Further, it was contended that
as per Cr.P.C. the procedure is confined to findings of guilt and not awarding
death sentence. However, the Supreme Court held that the death sentence is a
choice by the court made according to the procedure established by law and the
choice between capital sentence or imprisonment of life is based on the
circumstances, nature and facts of the case brought during the trial.

In the case of Rajendra Prasad v. State of U.P, Justice Krishna Iyer had
empathetically stressed that the death penalty is violative of articles 14, 19 and
21. With this the Justice Iyer said two conditions under which the death penalty
can be given:

 While giving the death penalty the court shall record special reasons.
 Only in extraordinary cases the death penalty to be imposed.

However, in the case of Bachan Singh vs. State of Punjab, within one year the
five-judge bench (4:1- Bhagwati J. dissenting) overruled the decision of
Rajendra Prasad’s case. The judgment expressed that the death penalty is not
violative of Article 14,19 and 21 of the Constitution of India and pronounced
that in the “rare of the rarest case” i.e. those cases in which the collective
conscience of the community is so shocked that it will expect the judiciary to
deliver the death penalty on the accused the death penalty can be ordered.
Although, Justice Bhagwati in his dissenting judgment stated that the death
penalty is not only being violative to Article 14 and 21 but also undesirable
because of several other reasons.

Further, in the case of Machhi Singh vs. State of Punjab, the Supreme Court laid
down the broad outlines of the circumstances under which the death sentence
can be imposed. The court pointed out that under five categories of cases the
extreme penalty can be given. Those points are as follows:
 1. Manner of commission of murder;
2. Motive;
3. The magnitude of the crime;
4. Anti-social abhorrent nature of the crime;
5. The personality of the victim of murder.

Similarly, in the case of Sher Singh v. State of Punjab and Triveniben vs. State

of Gujarat, the Apex court asserted affirmatively that the death penalty does
not invalidate the rights enriched under the Constitution of India.

In the case of Mithu v. State of Punjab, the Supreme Court held that the
mandatory death penalty is invalid and unconstitutional in nature. However, no
comments were made on the consequent legislation for drug and criminal
offences wherein the death penalty is considered mandatory. But at the same
time, Indian courts actually applied the mandatory death penalty for these
crimes. 

However, recently in the case of Channu Lal Verma v. State of Chattisgarh, the
question of the constitutional validity of the death penalty came to the three-
judge bench. The Bench Constituted of Justice Kurian Joseph, Justice Deepak
Gupta, and Justice Hemant Gupta. The bench upheld the decision of the Bachan
Singh case. However, Justice Kurian Joseph had a different view, he said that
“there is no substantial proof for the death penalty as a deterrent to crime”.
                Click Above

Evolving Parameters for Imposition of Death Sentence

The basic evolving parameters for the imposition of Death Sentence are: 

1. The punishment shall not be so severe, so as to degrade the dignity of

humans;
2. The state shall not arbitrarily inflict a severe punishment;
3. In a contemporary society such severe punishment shall not be
unacceptable;
4. Such severe punishment must not be unnecessary.

However, there are other two questions which can be pondered by the Court
while imposing the death penalty as punishment:

1. There is something uncommon in the crime which calls for the

imposition of the death penalty and renders the sentence of
imprisonment for life as inadequate.
 2. Even after giving maximum weightage to the mitigating factors which
are in favour of the offender there is no other alternative other than
imposing the death sentence.

Sentencing Procedure: Mandatory Provision of Section

235(2), Code of Criminal Procedure 1973

In the ‘41st report of Law Commission’, it recommended for the insertion of new
provision which made a significant contribution in acknowledging the cardinal
feature of procedural fairness and natural justice. Under the old code, there was
no statutory opportunity given to the accused to explain the mitigating factor
which is relevant to decide the nature of the punishment. However, after the
recommendation of the Commission introduction of Section 235(2) and Section
248(2) of the Cr.P.C. was made. The new provisions provided an opportunity for
the convict to place necessary information to the court to determine the
mitigating factors and decide the case accordingly. Therefore, the choice of
sentence shall be made after following the procedure under section 235(2) duly
followed by the court. In the cases of death sentence the importance of “right of
hearing” has been overemphasized.

In 1976, in the case of Santa Singh v. State of Punjab, the Supreme Court
explained the nature and scope of Section 235(2). The Bench remarked that
“The provision is an acknowledgement of the fact that sentencing is an
important stage in the criminal justice administration as the adjudication of
guilt. And in no case, it should be consigned to a subsidiary position. It seeks to
personalize the punishment so that the reformist component remains as much
operative as the deterrent element. It is, for this reason, the facts of social and
personal nature, maybe irrelevant for guilt determination, should be brought to
the notice of the court at the time of actual determination of sentence”.

Further, the court also opined about the meaning of the word ‘hearing’. The
hearing is not only limited to the oral submissions but it is wider than that. It
gives both parties the right to put facts and materials which can be essential for
the questions of sentencing. The Court stressed on the point that it is
mandatory for the lower courts to comply with this provision. Not complying
with Section 235(2) will not only be considered as mere irregularity, but that
shall vitiate the sentence.

In the case of Allauddin Mian v. State of Bihar, Justice Ahmadi emphasized the
purpose of Section 235(2):

1. It gives the accused an opportunity of being heard, which satisfies the

rule of natural justice;
2. To determine the sentence of the award it assists the court. 

Case laws on Death Sentence (When the death sentence is

confirmed)

(1) State of Tamil Nadu v Nalini

In the case of State of Tamil Nadu v Nalini, the case was filed as an appeal
against the judgment of the High Court of Tamil Nadu. This case is popularly
known as Rajiv Gandhi’s assassination case. The offenders were accused under
Indian Evidence Act, 1872, Indian Wireless Telegraphy Act, 1933, The
Foreigners Act, 1946, Passports Act, 1967, Arms Act, 1959, Explosive
Substances Act, 1908, Indian Penal Code, 1908 (IPC), TADA Rules, The
Terrorist And Disruptive Activities (Prevention) Act, 1987. In the case, there
were 26 accused out of which four accused were punished death penalty by the
Apex Court. The accused were from the LTTE (Liberation Tigers of Tamil Eelam)
group and were seeking revenge for the Indian government’s decision for
sending army troops in Srilanka. However, as per recent update Nalini Sriharan,
V Sriharan, and Murghan have applied plea for mercy killing as there is no
response to their mercy petition till date.
(2) Jai Kumar v State of Madhya Pradesh

In Jai Kumar v State of Madhya Pradesh case, an appeal by the grant of special

leave against the order of the Division bench of the High Court of Madhya
Pradesh was made. In this case, the accused brutally murdered sister-in-law
and 7-year-old niece. The Court considered the factual matrix of the case and
observed that the act of murder was not done in the rage and the accused
himself under Section 313 of the Cr.P.C admitted the murder. Thereby, the
Supreme Court upheld the verdict of the Sessions Court and the High Court of
Madhya Pradesh.

(3) Suresh Chandra Bahri v State of Bihar

The case of Suresh Chandra Bahri v State of Bihar was filed as an appeal from
the High Court of Patna. The Sessions Court convicted the three appellants
named Suresh Bahri, Gurbachan Singh and Raj Pal Sharma for the death
penalty under Section 302 and Section 120 B of the IPC. The High Court of
Patna dismissed the appeal affirming the sentence awarded by the trial court. In
this case, the accused killed Urshia Bahri and her two children because of some
dispute in the property. The Supreme Court confirmed the death penalty of
Suresh Bahri, whereas the death penalty of the Gurbachan Singh and Raj Pal
Sharma was commuted to a life sentence.

(4) Dhananjoy Chatterjee alias Dhana v State of West Bengal 

In the 21st century, the case of Dhananjoy Chatterjee alias Dhana v State of
West Bengal can be called as a historic case as the accused was the first person
who was lawfully executed for a crime not related to terrorism. The accused was
working as a watchman in the building of the deceased. He had raped and
murdered an 18-year-old girl at her own home. The trial court ordered the
death penalty under Section 302 of the IPC. The same has been confirmed by
the High Court of West Bengal. While the appeal in the Supreme Court, the
court held that case will be considered under “the rarest of the rare” case,
thereby there will be no commutation of the punishment.
(5) Sushil Murmu v State of Jharkhand

In the case of Sushil Murmu v State of Jharkhand, the accused was punished
with the death penalty for the sacrifice before Goddess Kali of a 9-year-old
child. The accused made the sacrifice for his own prosperity. The trial court held
the accused liable under Section 302 and 201 of the IPC, 1860 and the
Jharkhand High Court confirmed the death penalty. The Appeal was made to the
Supreme Court, however, the Apex court upheld the order of the lower court
and affirmed that this is an exemplary case which can be treated as the rarest
of rare case, therefore there is no exception to be given to this case.

(6) Holiram Bardokti v State of Assam

In the case of Holiram Bardokti v State of Assam, there were 17 accused. The
appellant is one of the accused who has been awarded the death penalty under
Section 302 read with Section 149 of the IPC by the Sessions Judge. The same
has been confirmed by the High Court of Assam. The accused was being held for
two murders i.e. of Narayan Bordoloi, Padam Bordoloi and Nayanmoni (6-year-
old child). The Supreme Court observed that the appellant had no spark of
kindness or compassion while burning the bodies and cutting the body into
pieces, the whole accident shocked the collective conscience of the community.
Therefore, the Apex Court upheld the order of the lower courts and observed
that the court is not able to find any mitigating factors to refrain from the death
penalty.

Cases laws on Death Sentence (When Death Sentence has

been Commuted to Life Imprisonment)

(1) Om Prakash v State of Haryana

In the case of Om Prakash v State of Haryana, the accused named Om Prakash
was guilty of seven murders, thereby the Sessions court held him guilty under
Section 302 of IPC, which was upheld by the High Court of Punjab and Haryana.
There were two other accused but they were given life imprisonment and a fine
of Rs.2000. During the appeal to the Apex Court, the court observed that
mitigating factors of the case and considering other circumstances of the case,
this can not be counted under the rarest of rare cases. The court considering
the background of the case found that the murder was acted due to constant
harassment of the family members (deceased ones). 

Further, the court observed that this is not the case which was committed to
fulfil the lust for women or wealth, neither it is for money, the act does not
include any anti-social element like kidnapping or trafficking, the act does not
include any dealing in dangerous drugs, nor any act committed for political or
power ambitions. And further, the accused was working in BSF at the age of 23
with no criminal antecedents. Thereby, the Apex Court converted the death
penalty to the sentence of imprisonment for life.

(2) Rajendra Rai v. State of Bihar

In the case of Rajendra Rai v. State of Bihar, the accused were held guilty of
the murder of Krishnandan (deceased 1) and Sir Bahadur (the son of deceased
1), as the accused and deceased had a dispute over the land situated between
their houses. The Trial court-ordered death penalty and the High Court
confirmed the order. However, the Apex Court was of the view that the case
cannot be regarded under the rarest of rare cases. Thereby the death penalty
was reduced to life imprisonment.

(3) Kishori v State of Delhi

In the case of Kishori v State of Delhi, the accused was in relation to the mob
attack which occurred against the Sikh community immediately after the
assassination of Mrs. Indira Gandhi, the then Prime Minister which broke out in
several places including Delhi. The appellant was held to be a part of the mob.
The Sessions court was of the view that the accused deserves a death sentence,
as he has been convicted for several murders and he killed innumerable Sikhs in
a brutal manner. The High Court of Delhi confirmed the order. However, the
Apex Court had a different opinion. The Court said that the acts conducted
during the chain of events shall be considered as one. Further, the act of the
accused was not a personal action, was just a part of the group activity which
can not be called as a systematic or organized activity. Therefore, the Apex
court felt that the act of the accused as a result of the temporary frenzy act, so
the court reduced the death penalty to life imprisonment.

(4) State v Paltan Mallah & Ors 

In the case of State Of M.P Through C.B.I., Etc vs Paltan Mallah, the deceased
Shankar Guha Yogi, who was a popular and powerful trade union leader was
killed. As he had been working for the welfare of the labour, the industrial unit
at Bhillai and Durg wanted him to be out of their way. The deceased was the
leader of the labourer organization named “CHATTISGARH MUKTI MORCHA”
(‘CMM’). The workers at Bhillai asked for help in the protest. To help those
labourers SG Yogi shifted to Bhilla with his servant Bhahal Ram. There was a
widespread movement, due to this, the leaders of the CMM were attacked by
the industrialists. The deceased apprehended that there is a serious threat to
his life. On the midnight of 27.09.1991, Bahul Ram heard a noise from the
neighbouring room where the deceased was sleeping. The servant found Niyogi
lying on the bed in pain because of gunshot injuries. However, the accused
Paltan Mallah and others were acquitted by the Sessions and High Court due to
lack of evidence. However, the Supreme Court reviewed the matter and
reversed the order of acquittal by the lower court. As there was a long lapse of
time from the lower court’s decision of acquittal to appeal, the court sentenced
him to undergo imprisonment of life.

(5) Sambhal Singh v State of Uttar Pradesh

In the case of Sambhal Singh v. State of UP, wherein the four accused
(Sambhal Singh, Jag Mohan Singh, Krishna Mohan Singh, and Hari Mohan
Singh) murdered the three children of the Munshi Mall (deceased- the brother of
the Sambhal Singh) because of a family land dispute. The Sessions court found
them guilty and the High Court confirmed the sentence. However, the Apex
Court observed that the age of the four accused was not considered by the
lower court. Sambhal Singh was old and the other three were young, therefore,
the court reduced the punishment of death penalty to life imprisonment. 

(6) Swamy Shraddananda @ Murali Manohar Mishra v State of

Karnataka 

In the case Swamy Shraddananda @ Murali Manohar Mishra v State of

Karnataka, the accused was the second husband of the deceased Shakereh. The
deceased came from a highly reputed and wealthy family. The accused
murdered the deceased after a well-designed plan and executed it accordingly
for attaining property which was on her name. The Session Court ordered the
death penalty and the same was confirmed by the High Court of Karnataka.
However, the Supreme Court converted the death penalty to life imprisonment.
This is an important case from the point of view of sentencing and remitting the
sentence. The Apex Court clearly differentiated the sentence of imprisonment
for life from ordinary life imprisonment and held that the remission is not
applicable to the cases where the imprisonment of life is given as a substitute to
the death penalty, it means the accused will be in imprisonment till his last
breath. 

Commutation of Death Sentence by the State or

Central Government Scope
The powers of commutation of the death sentence by the State and Central
government is provided under the following provisions of the Constitution:

1. Article 72– gives pardoning power to the President.

2. Article 161– gives pardoning power to the Governor.

The difference between Article 161 and Article 72 are:

 1. Article 161 is narrower than Article 72.
2. Article 72 covers the punishment sentenced by a Court Martial,
however, Governor is not entitled with such powers.
3. Article 72 covers all death sentences, however, under the ambit of
Article 161 death sentences are not covered.

Imprisonment for Life

Life imprisonment is one of the types of punishment which is recognized under
Section 53 of the IPC. Earlier this was also known as transportation for life. This
punishment is given for serious crimes wherein the convicted remains in prison
until his/her last breath. 

Scope of Section 57

Section 57 of the IPC is used when fractions of terms of punishment need to be
calculated. However, it is important to understand that this section does not
give any implied or explicit right to the prisoner to reduce his life imprisonment
to 20 years of the sentence.

Under some sections like Section 116,119,120 and 511 of the Code, the
prisoners can ask for relief under this section.

Is Life Sentence does Period of 14 Years? 

In the case of Duryodhan Rout vs State Of Orissa (2014), the Apex Court clearly
stated that reading Section 55 of the Code and Section 433 and 433 A of Cr.P.C,
life imprisonment is not confined to 14 years of imprisonment, only the
appropriate government can commute the life imprisonment of the prisoner.

The government can commute the punishment of life imprisonment to the

imprisonment of term equal to or less than 14 years, or if the prisoner exceeded
14 years of imprisonment then he can be released.
In 1961 in Gopal Vinayak Godse vs. The State of Maharashtra & Ors., the
question ‘whether there is any section in the law wherein the life imprisonment
without formal remission by the appropriate government can be automatically
treated as one for a definite period?’ came to the Apex Court as a question of
law. Answering the question the court pointed out the observation made by the
judicial committee which stated that, the transportation for life shall be deemed
to be transportation for 20 years, however, this does not say that it shall be
deemed to be considered the same for all purposes. Further, the provisions
under which transportation for life has been amended to imprisonment for life
can also not be put under Section 57 IPC. Therefore, a sentence of
imprisonment for life or transportation for life must prima facie need to be
considered as imprisonment or transportation for the whole life of the prisoner
till his natural death.

The distinction between ‘Commutation’ under Section 55,

Indian Penal Code 1860, and Section 433, Code of Criminal
Procedure 1973

There is a thin line difference between Section 55, IPC and Section 433, Cr.P.C.
Section 55 of IPC covers only the commutation of life imprisonment for a term
not exceeding 14 years. Whereas Section 433 of Cr.P.C. covers the following
powers of commutation to the appropriate government:

1. Death sentence- to any other punishment can be given which is

recognised under the IPC.
2. Life imprisonment- to imprisonment not exceeding 14 years or fine.
3. Sentence of rigorous imprisonment- to any term of simple
imprisonment (within the term he is convicted ) or fine.
4. Sentence of simple imprisonment- Fine. 

However, both provisions give power to the appropriate government to

commute the sentencing of the offender without the consent of the offender.
For the understanding of the section, the appropriate government can be either
State or Central Government. If the order is passed under the matter which is
exclusively covered by the union list, then the central government will be
considered as an appropriate government. Otherwise, in all other cases, the
State Government will have the power to commute the sentence. 

In the case of Harishankar, Gayaprasad Jaiswal vs State Of Gujarat, the Gujarat

High Court observed that Section 55 of IPC is independent of Section 433 (b) of
Cr.P.C. 

Imprisonment
The general meaning of imprisonment means captivity or to put someone in
prison. Under Section 53 of IPC, imprisonment can be of two types. One is
simple and the other is rigorous. As per Section 60 of the IPC, the competent
court has the discretion to decide the description of sentencing. It can be of
various types, like:

1. Wholly or partly rigorous; or

2. Wholly or partly simple; or
3. Any term to be rigorous and the rest simple.

Minimum Wages for Prisoners 

The prisoners who are prisoned in jail get wages for doing work inside the jail.
The work done by them either can be voluntary or it can be part of their
punishment. The wages of the prisoners are fixed as per their skills. Their
classification is based on a) skilled, b) semi-skilled and c) unskilled.

Kerala High Court was the first High Court which took the initiative of giving
minimum wages to the prisoners. The National Human Rights Commission
(NHRC) after taking into the recommendation of the Mulla Committee proposed
Indian Prisons Bill 1996. As per the Bill, it was prescribed that the wages should
be fair, adequate and equitable wage rates. While considering the minimum
wage rate it shall be prevalent to each State and Union territory agricultural,
industry, etc. wage rate. Units of work shall also be prescribed for such
minimum wages. The average per capita cost of the food and clothing shall be
reduced from the wages and the remaining wages shall be paid to the prisoners.

The wages are given on per day basis. The idea of the prisoner’s wage is to
compensate the victim or the relative of the victim from the fund made by the
prisoner’s wage. As per Prison Statistics India 2015 of National Crime Records
Bureau (NCRB), the highest wages were paid in Puducherry, followed by Delhi’s
Tihar and Rajasthan. The wages for skilled varied from Rs.180- Rs.150, for
semiskilled Rs.160- Rs.112 and for unskilled Rs.150- Rs.103 as per the top
three high waged states.

Forfeiture of Property
Forfeiture generally means the loss of property without any compensation in
return, which is the result of the default caused by the person in terms of
contractual obligation, or in paying penalty for illegal conduct.

In two provisions the forfeiture of the property has been abolished:

1. Under Section 126 for committing depredation on territories of Power

at peace with the Government of India.
2. Under Section 127 for receiving property taken during war or
depredation mentioned in sections 126 and 126 of IPC.

Fine
The court may impose a fine as an alternative for imprisonment or can add it is
an addition to the imprisonment. In certain cases the fine is added along with
imprisonment. Section 63 to 69 covers various fines under the IPC. However, as
per Section 64 of the Code, when there is a default in the payment of a fine, the
court may order for imprisonment. 

Amount of Fine should not be Excessive

As per Section 63 of the IPC, when the sum is not expressed under the
provisions of the Code, the amount of fine to which the offender is liable is
unlimited, however, the fine shall not be excessive. 

In the case of Palaniappa Gounder v. State of Tamil Nadu, the Apex Court
stated that the sentence given by the court shall be proportionate to the nature
of the offence which includes the sentence of fine. And the punishment shall not
be unduly excessive.

Sentence of Imprisonment for Non-payment of Fine 

Under IPC Section 64, the following offences are covered:

1. Imprisonment with fine;

2. Imprisonment or fine;
3. Fine only and where the offender is sentenced to:

(i) imprisonment; or 

(ii) fine or both.

In such cases, the court of competence shall direct the sentence to the offender
for a certain term. Under Section 66 of the IPC, the court has the discretion to
provide any description for the imprisonment. 

In the case of H.M Treasury (1957), the court said that in the case if the death
of the convict has occurred then also the fine will be recovered from his
property. 
Scope of Section 65

As per Section 65 of IPC, the court shall limit the imprisonment when the
offender is sentenced to imprisonment and fine because of non-payment of fine.
The limit of imprisonment shall not exceed one-fourth of the term of
imprisonment which is the maximum period of the particular offence.

Scope of Section 67

Under Section 67 of IPC, the offences for which this section will be applicable is
the offence which is punishable with fine only.

1. The imprisonment so awarded shall be simple only;

2. However, the term shall not exceed the following scale: 

 If fine does not exceed Rs. 50- the term shall not exceed two months;
 If fine does not exceed Rs. 100- the term shall not exceed four
months;
 If fine exceeding of Rs. 100 to any amount- term shall not exceed six
months. 

Recovery of Fine

Under Sec 421 of the Cr.P.C., the Court after passing the sentence can take the
action for the recovery of the fine in two ways:

1. The court can issue a warrant to levy the amount by attaching and
selling any movable property which belongs to the offender; or
2. Can issue a warrant to the collector of the district at the place of living
of the offender, authorizing him to take the money from the
immovable property or movable property or both. 
3. Provided that such actions shall not be ordered by the court if the
offender has undergone imprisonment due to the default he made for
the payment of the fine. Further, if the court gives any such order as
 after the offender has undergone imprisonment, then the court shall
give special reasons for the same.

Further, in the case of Raju Tiwari v. State of Chhattisgarh, the Chhattisgarh

High Court stated that without giving a proper ‘special reason’ the court can not
order for the levy of money under Section 421 of CrPC when the offender
already had undergone imprisonment for non-payment.

Conviction for Doubtful Offences

As per Section 72 of the IPC, when there is doubt regarding which offence has
been committed by the offender and there is a problem to get evidence for the
offences committed by the offender, in such circumstances the court can give
the lowest punishment if the same punishment provided for all.

Solitary Confinement
Section 73 of the IPC covers solitary confinement (“Sol. Conf.”). The Code gives
the description of the way punishment to be ordered by the Court. While giving
solitary confinement the court shall keep in mind not to exceed three months in
total. The scale is as follows:

 If the term not exceeds more than six months- Sol. Conf. not
exceeding one month;
 If the term exceeds more than six months but not exceed one year-
Sol. Conf. not exceeding two months;
 If the term exceeds one year- Sol. Conf. not exceeding three months.

Section 74 of the IPC gives the limit of Solitary Confinement while executing the
Sol. Conf. the duration shall not exceed fourteen days.

And further, if the solitary confinement given exceed three months, then
confinement shall not exceed 7 days in one month. 
Scope of the Sections Providing Solitary Confinement

In the case of Sunil Batra Etc vs Delhi Administration And Ors. the court
observed that the Sol. Conf. should not be ordered unless it is deemed to be
required as per the offence committed by the offender. The offence shall be
extreme violence or the commission of the offence shall be brutally committed
by the offender. However, the court felt that Sol. Conf. inhumane and
horrendous. 

In the case of Smt. Triveniben & Ors vs State Of Gujarat & Ors, the court had a
similar view and held that under Sec 30 (2) of the Prisons Act, the jail
authorities do not have right to Sol. confine the prisoner who is under sentence
of death. 

Enhanced Punishment 

Scope of Section 75

Under Section 75 of the Code when a person is convicted for the second time of
an offence which is punishable under Chapter XII (Offences Relating to Coin and
Government Stamps) or Chapter XVII (Offences Against Property), if sentenced
for more than three years imprisonment, they are liable to greatly enhanced
sentence. 

However, even when it seems like under Section 348 of the Cr.P.C. the
magistrate is competent, the magistrate is not competent to award sentence
under this provision when viewed with the amendment in Section 30 of Cr.P.C.
wherein the Session Judge has the power to adjudicate such matters. Even
though Section 75 makes certain classes of cases liable to be enhanced, it is not
obligatory to the Court to do so while sentencing.generally this provision is used
to give a deterrent effect. Further, it needs to be noted that the previous
convictions for the attempt to commit an offence not covered under the ambit
of this section.

Compensation to Victims of Crime 

The purpose of the criminal justice system is to protect the rights of the
individuals and give punishment to the offenders. In such cases, the accused is
caught and he is punished. However, an essential part is left over i.e. the
‘victim’. Earlier no one uses to consider the losses of the victim. Thereby
compensation is the method to provide justice to the victim.

Compensation to Victims of Crime from Fine

The IPC provided various provisions under which fine is given as a mode of
punishment. However, the fine sometimes is not sufficient enough to realise the
actual loss of the victim. And the amount prescribed under IPC is minimal which
need to be amended as per the current requirements.

Compensation to Victims of Crime from Victim

Compensation Scheme

In 2009, the Central Government ordered the State to prepare a scheme for the
compensation of victims. The main objective of the scheme was to support the
dependents of the victims who suffered the loss or injury due to offence. Under
this scheme, the rehabilitation can also be made.

Compensation to Victims of Crime from Wages of

Prisoners

Under this, from the wages of the prisoners, a certain percentage of money is
deducted and the saved money is converted into a fund for the welfare of the
victims. However, recently a PIL was filed in the High Court of Delhi wherein the
deduction of the wage of the Prisoners was considered to be arbitrary in nature
and asked for repealing such provisions. Another interesting fact is as per the
records of 2006 around Rs.15 crore was collected out of which only Rs.14 Crore
is lying unutilised. However, the Delhi High Court held that deduction in prisons
wages not wrong if allowed under the law.

Proposals for Reform

The proposals for reform in sentencing can be as follows:

 Reclassification of criminal offences: There is a huge increase in the

types of offences, therefore to classify offences into different classes or
separating them into different codes will make the Code more
understandable and lucid. Further under the different codes the
procedure and nature of trail can also be explained.
 The punishments need to be deterrent at the same time it shall not be
severe. Therefore, it is time for Indian Judiciary to have a sentencing
policy, so there is no space for ambiguity and bias of the Judge which
creates a barrier while sentencing. And this step will also reduce the
appeals for enhancing or reducing punishment which will be a great
relief for the judiciary.
 A proper victim compensation fund can be created under the Code,
wherein the confiscated assets from organised crime can also be
included.

References

 https://www.loc.gov/law/help/sentencing-guidelines/india.php
 https://www.usip.org/sites/default/files/MC1/MC1-Part1Section2.pdf
 https://indiacode.nic.in/handle/123456789/2263?locale=en
 https://www.iitk.ac.in/wc/data/IPC_186045.pdf
 https://madhavuniversity.edu.in/constitutional-validity-of-capital-
punishment.html
  https://www.indianbarassociation.org/constitutionality-of-death-
penalty/
 https://shodhganga.inflibnet.ac.in/bitstream/10603/201779/12/12_ch
apter%205.pdf
 https://www.drishtiias.com/daily-updates/daily-news-
analysis/commutation-of-death-sentence
 https://www.srdlawnotes.com/2017/04/punishments-under-indian-
penal-code1860.html
 https://www.jatinverma.org/need-for-reforms-in-indias-criminal-
justice-system/

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