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Maru Ram Etc. Etc vs Union Of Lndia & Anr on 11 November, 1980 cites

Boucher Pierre Andre vs Superintendent, Central Jail, Tihar, ... on 21 November, 1974

"Is" and "has" are not words which are weighed in the scale of grammar nicely enough in this Section and, therefore, over-stress on the present tense and the present-perfect tense may not be a clear indicator. The general rule bearing on ordinary penal statutes in their construction must govern this. case. [1236 F, G, H, 1237 A] Boucher Pierre Andre v. Supdt. Central Jail, Tihar. [1975] I S.C.R. 192 at 1 95, followed.
Supreme Court of India Cites 8 - Cited by 73 - P N Bhagwati - Full Document

State Of Madhya Pradesh vs Ratan Singh & Ors on 5 May, 1976

And remission 1223 vests no right to release when the sentence is life imprisonment. No greater punishment is inflicted by s. 433A than the law annexed originally to the crime. Nor is any vested right to remission cancelled by compulsory 14 years jail life once we realise the truism that a life sentence is a sentence for a whole life. see Sambha Ji Krishan Ji v. State of Maharashtra, AIR 1974 SC 147 and State of Madhya Pradesh v. Ratan Singh & ors. [1976] Supp. SCR 552.
Supreme Court of India Cites 16 - Cited by 117 - S M Ali - Full Document

Bachan Singh vs State Of Punjab on 9 May, 1980

Taking into account the modern trends in penology there are very rare cases where the courts impose a sentence of death and even if in some cases where such sentences are given, by the time the case reaches this Court, a bare minimum of the cases are left where death sentences are upheld. Such cases are only those in which imposition of a death sentence becomes an imperative necessity having regard to the nature and character of the offences, the antecedents of the offender and other factors referred to in the Constitution Bench judgment of this Court in Bachan Singh v. State of Punjab. In these circumstances, I am of the opinion that the Parliament in its wisdom chose to act in order to prevent criminals committing heinous crimes from being released through easy remissions or substituted form of punishments without undergoing atleast a minimum period of imprisonment of fourteen years which may in fact act as a sufficient deterrent which may prevent criminals from committing offences. In most parts of our country, particularly in the north, cases are not uncommon where even a person sentenced to imprisonment for life and having come back after earning a number of remissions has committed repeated offences. The mere fact that a long term sentence or for that matter a sentence of death has not produced useful results cannot support the argument either for abolition of death sentence or for reducing the sentence of life imprisonment from 14 years to something less. The question is not what has happened because of the provisions of the penal Code but what would have happened if deterrent punishments were not given. In the present distressed and disturbed atmosphere we feel that if deterrent punishment is not resorted to, there will be complete chaos in the entire country and criminals be let loose endangering 1257 the lives of thousands of innocent people of our country. In spite of all the resources at its hands, it will be difficult for the State to protect or guarantee the life and liberty of all the citizens, if criminals are let loose and deterrent punishment is either abolished or mitigated. Secondly, while reformation of the criminal is only one side of the picture, rehabilitation of the victims and granting relief from the tortures and sufferings which are caused to them as a result of the offences committed by the criminals is a factor which seems to have been completely overlooked while defending the cause of the criminals for abolishing deterrent sentences. Where one person commits three murders it is illogical to plead for the criminal and to argue that his life should be spared, without at all considering what has happened to the victims and their family. A person who has deprived another person completely of his liberty for ever and has endangered the liberty of his family has no right to ask the court to uphold his liberty. Liberty is not a one-sided concept, nor does Art. 21 of the Constitution contemplate such a concept. If a person commits a criminal offence and punishment has been given to him by a procedure established by law which is free and fair and where the accused has been fully heard, no question of violation of Art. 21 arises when the question of punishment is being considered. Even so, the provisions of the Code of Criminal Procedure of 1973 do provide an opportunity to the offender, after his guilt is proved, to show circumstances under which an appropriate sentence could be imposed on him. These guarantees sufficiently comply with the provisions of Art.
Supreme Court of India Cites 111 - Cited by 233 - R S Sarkaria - Full Document
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