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Read the following passage carefully and then answer the accompanying questions employing the concepts provided in the passage:
Criminal law is the most direct expression of the relationship between a state and its citizens. Criminal sanction is indeed the most coercive method of regulating an individual‘s behaviour which any state may deploy. The degree of coercion under criminal law is qualitatively different from the outcome in a dispute under civil law. The purpose of criminal law is to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests. Feinberg explains the harm principle in following words: 'It is always a good reason in support of penal legislation that it would probably be effective in preventing (eliminating, reducing) harm to persons other than the actor and there is probably no other means that is equally effective at no greater cost to other values'.
Under Indian Penal code ‗Culpable homicide‘ is first defined, but ‗homicide‘ is not defined at all. ‗Culpable homicide‘, the genus, and ‗Murder‘, the species, are defined in terms so closely that it is difficult to distinguish them. The distinction between ‗Culpable homicide‘ and ‗Murder‘ was criticised as the ‗weakest part of the code‘ by
Lately Indian Criminal Law has been moving away from the above mentioned classical Principles of Criminal Law. Which one of the following does not demonstrate this shift?
The accused must be given death penalty to satisfy the ‗collective conscience of the society‘. Is this the correct method of determining sentence?
In determining the sentence, which of following factors are to be taken into consideration?
The Supreme Court itself admitted in Santosh Kumar Bariyar (2009) that death penalty is imposed ‗arbitrarily or freakishly‘. The court made a candid admission in saying that ‗there is no uniformity of precedents‘. In Sangeet (2013), the Court yet again acknowledged that ‗principled sentencing‘ has become ‗judge centric‘. In Swami Shraddhananda (2008), the Court said, award of death sentence depends on the ‗personal predilection of judges‘ and there is ‗lack of uniformity‘ in capital punishment. Which of the following statements is correct?
In Machhi Singh (1983) a three judge bench listed five parameters to decide whether case falls within ‗rarest of rare‘ such as the manner of commission of crime i.e. brutality, motive, anti-social or abhorrent nature of crime, magnitude of crime and personality of victim i.e. child, women or leader loved by people etc. Which parameter laid down by the constitution bench in Bachan Singh was left out?
Who had said that ‗The Indian Penal Code is to the English criminal law what a manufactured article ready for use is to the materials out of which it is made. It is to the French Penal Code and, I may add, to the North German Code of 1871, what a finished picture is to a sketch. It is far simpler, and much better expressed, than Livingston‟s Code for Louisiana; and its practical success has been complete.‘?
Justice Fitzgerald observed: ‗The law of conspiracy is a branch of our jurisprudence to be narrowly watched, to be zealously regarded and never to be pressed beyond its true limits.‘ Under Section 149, mere membership of the assembly without any participation in the crime is sufficient. In the light of this statement, whether punishment of conspiracy by mere agreement and under Section 149 by mere presence be deleted from the IPC?
