Externment as an alternative form of punishment under Sec.

53 IPC
1. Introduction
Will be talking about what are punishments; why are they needed in criminal law; and
what is they theory behind punishing an offender.
2. Criminalization of Acts?
Discussing about the reasons of criminalizing the acts; and key points of criminal law
(Retribution, deterrence, rehabilitation, restoration)
Principles which are kept in mind before imposing different kind of punishments.
3. Constitutional validity of Externment.
4. Scope of Sec. 53 IPC
a. Forms of Punishment Under IPC
b. New forms of Punishment (majorly focusing on externment)
Will also cover as when should the punishment of externment be imposed.
5. Conclusion

Initial research articles/papers:

1. Umesh Sarraf, The Politics of Punishment, IPJ, 22-Dec-2020.
This paper examines the politics of how penal laws are framed. The retributive as well as
reductive consequences of punishment are discussed. The paper suggests that reform in
the Penal system is essentially a political question and needs a suitable political discourse
along with building of a social discourse and capability of the State before a proper Penal
reform can happen.

2. Mishra, Abhishek Kumar. “PUNISHMENT: FORMS, THEORY AND PRACTICE.”

JLSR, vol. 3, no. 4, Aug. 2017.
This paper talks about the basics of punishment such as the aims of punishment, theories
of punishment, and the punishments under Sec. 53 IPC.

3. Srivastava, Parmeshwar P. “CORRECTIONAL PENOLOGY: A STUDY IN ETHICS.”

Journal of the Indian Law Institute, vol. 22, no. 3, 1980, pp. 377–98. JSTOR,
http://www.jstor.org/stable/43950701. Accessed 13 Feb. 2023.
Haven’t read fully but it consists of a lot of details about externment.
If externment is forcefully enforcement it would be really give a -ve effect on specially
the poor section of the society as they might have to go somewhere else they develop a
stigma that now they won’t be able to earn their livelihood as they used to before. But the
underlying idea of externment is to reduce the capacity of doing crime by shifting that
person to another geographical location within the territory of the state.
4. Deepak S/o Laxman Dongre Vs State Of Maharashtra – justices observed that the effect
of the order of externment deprives the citizen from the right to move freely throughout
the territory of India. Court held that the order of externment is an extraordinary measure.
5. Externment Is Not An Ordinary Measure; Must Be Resorted To Sparingly And In
Extraordinary Circumstances : Supreme Court https://www-livelaw-
in.mnlum.remotlog.com/top-stories/supreme-court-externment-extraordinary-measure-
sparingly-resorted-190592
6. Nigel Walker, in his book (Sentencing in a Rational Society. United Kingdom, Allen
Lane, 1969.) is a criminologist at the oxford university, and he gave some ill effects of
imprisoning people like:
The general argument in his book revolves around: “The reduction of prohibited conduct
must be the main aim of any penal system, but must be tempered by both economic
considerations and humanity if the system is to be practicable and tolerable.”
a. The prisoner loses his job.
b. Separated from his family.
c. There is an ample of scope for the prisoner to get contaminated and get motivated
for committing a more serious offence.
7. In the case of Tate vs. Short- he case held in US supreme court, it was decided that any
law which limits punishment to payment of fine for those who are also able to pay it but
to convert the fine to imprisonment for those unable to pay it, offends the equal protection
of the clause of the Constitution. The learned Judges indicated that the State was free to
choose some other method to avoid imprisoning an indigent person for involuntary non-
payment of a fine.
8. Book referred K.D. Gaur, Indian penal code, Lexis Nexis (7th edition).
9. https://www.scconline.com/blog/post/2022/03/05/an-order-of-externment-is-an-
extraordinary-measure-which-should-be-used-sparingly-sc-reiterates-the-duties-of-
competent-authority-and-court-while-issuing-and-testing-externment-orde/
10. Bates, Crispin. “The Goondas: Towards a Reconstruction of the Calcutta Underworld. By
SURANJAN DAS and JAYANTA K. RAY. Calcutta: Firma KLM 1996, ISBN 81-7102-
056-9. Pp.105, Rs 175.” Modern Asian Studies, vol. 33, no. 4, 1999, pp. 1021–1023.,
doi:10.1017/S0026749X99273726.
11. GHOSH, RAMESH CHANDRA. “CONSTITUTIONAL DICISIONS OF THE
SUPREME COURT OF INDIA.” The Indian Journal of Political Science, vol. 14, no. 2,
1953, pp. 98–112. JSTOR, http://www.jstor.org/stable/42743346. Accessed 21 Feb. 2023.
12. Kapinus, Oksana "Criminalization and decriminalization of acts: finding the best
balance." Obshchestvennye nauki i sovremennost 4 ( 2018 ): 37-46. DOI: 10.31857 /
S086904990000367-5
13. Banas Domnic Miranda vs A.K. Ankola And Others on 8 April, 1982 (taken reference
for the term ‘extrnee’)
14. Shyam Prakash Pandey, Kinds of Punishment under Indian Penal Code: A Critical
Evaluation, 4 INT'l J.L. MGMT. & HUMAN. 1699 (2021).