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1 - 10 of 10 (2.17 seconds)Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 6 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Sunil Batra Etc vs Delhi Administration And Ors. Etc on 30 August, 1978
[15] The therapeutic approach aims at curing the criminal tendencies which
were the product of a diseased psychology. There may be many factors,
including the family problems. We are not concerned with those factors as
therapeutic approach has since been treated as an effective method of
punishment which not only satisfies the requirements of law that a criminal
should be punished and the punishment prescribed must be meted out to
him, but also reforms the criminal through various processes, the most
fundamental of which is that in spite of having committed a crime, may be
a heinous crime, he should be treated as a human being entitled to all the
basic human rights, human dignity and human sympathy. It was under this
theory that this Court in a stream of decisions, projected the need for prison
reforms, the need to acknowledge the vital fact that the prisoner, after being
lodged in jail, does not lose his fundamental rights or basic human rights
and that he must be treated with compassion and sympathy (See : Sunil
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Batra (I) v. Delhi Administration, AIR 1978 SC 1675 : (1978) 4 SCC 494 :
1979 (1) SCR 392 : (1978 Cri LJ 1741); Sunil Batra (II) v. Delhi
.
The Terrorist And Disruptive Activities (Prevention) Act, 1987
T.K. Gopal @ Gopi C vs State Of Karnataka on 5 May, 2000
Their Lordships of the Hon'ble Supreme Court in T.K. Gopal
alias Gopi v. State of Karnataka reported in (2000) 6 SCC 168, have
held that those who commit rape are psychologically sadistic persons
exhibiting this tendency in the rape forcibly committed by them. In some
States in U.S.A., therefore, emphasis was laid on psychotherapic
treatment of the offender while he was under detention. In the matter of
punishment for offence committed by a person, there are many
approaches to the problem. On the commission of crime, three types of
reactions may generate; the traditional reaction of universal nature which
is termed as punitive approach. It regards the criminal as a notoriously
dangerous person, who must be inflicted severe punishment to protect
the society from his criminal assaults. The other approach is the
therapeutic approach. It regards the criminal as a sick person requiring
treatment, while the third is the preventive approach which seeks to
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eliminate those conditions from the society which were responsible for
crime causation. Their lordships have held as under:
The Protection of Children from Sexual Offences Act, 2012
Charles Sobraj vs The Suptd., Central Jail, Tihar. New ... on 31 August, 1978
Administration, AIR 1980 SC 1579 : (1980) 3 SCC 488 : 1980 (2) SCR 557
: (1980 Cri LJ 1099); Charles Sobraj v. Superintendent, Central Jail, Tihar,
AIR 1978 SC 1514 : (1978 Cri LJ 1534) and Francis Coralie Mullin v. The
Administrator, Union Territory of Delhi, (1981) 1 SCC 608 : AIR 1981 SC
746 : 1981 (2) SCR 516 : (1981 Cri LJ 306) etc.).
Francis Coralie Mullin vs The Administrator, Union Territory Of ... on 13 January, 1981
Administration, AIR 1980 SC 1579 : (1980) 3 SCC 488 : 1980 (2) SCR 557
: (1980 Cri LJ 1099); Charles Sobraj v. Superintendent, Central Jail, Tihar,
AIR 1978 SC 1514 : (1978 Cri LJ 1534) and Francis Coralie Mullin v. The
Administrator, Union Territory of Delhi, (1981) 1 SCC 608 : AIR 1981 SC
746 : 1981 (2) SCR 516 : (1981 Cri LJ 306) etc.).
Karamjit Singh vs State (Delhi Admn.) on 24 April, 2000
23. Their Lordships of the Hon'ble Supreme Court in Karamjit
Singh v. State (Delhi Admn.) reported in AIR 2000 SC 3467, have held
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that punishment in criminal cases is both, punitive and reformative. The
purpose is that the person found guilty of committing the offence is made
.
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