introduced With effect from 18-12-1978 is
constitutionally valid. May be, penologically the prolonged
terms prescribed by the Section is supererogative ... made in keeping
with experience gathered, current social conditions and
accepted penological thinking. the present remission and
release schemes may usefully be taken as guidelines
showered arguments against the privative provision (Section 433A) as constitutional anathema and penological atavism, incompetent for Parliament and violative of fundamental rights and reformatory goals ... resulting in their release in the matter of a few years. The penological sense of Parliament was apparently outraged by such extreme abbreviations of life
society. This punitive approach, however, represents the earlier stages of development of penology and no longer finds support in modern times. The second reaction treats ... responsible for criminality in the offender. Keeping in view the aforementioned factor, penology may also be approached from various points of view each giving rise
society. This punitive approach, however, represents the earlier stages of development of penology and no longer finds support in modern times. The second reaction treats ... responsible for criminality in the offender. Keeping in view the aforementioned factor, penology may also be approached from various points of view each giving rise
referred to.
5. Statistical attempts to assess the true penological
value of capital punishment remain inconclusive. Firstly,
statistics of deterred potential murderers are hard ... imponderable factors, the appreciation of which is essential
to assess the true penological value of capital punishment.
The number of such factors is infinitude, their
margin of, subjectivism. a preference for old
precedents, theories of modern penology, behavioral emphasis
or social antecedents, judicial hubris or human rights
perspectives, reverence ... support them, though
it has been influential in the development of modern
penology.[144A-B]
5. (a) The capital punishment controversy falls within
the strict
sentencing provision in s. 248(2) Cr. P.
C. has a penological significance of far-reaching import
which has been lost on the trial magistrate ... opportunity
contemplated in the sub-section has a penological
significance of far-reaching import, which has been lost on
the trial Magistrate. For he disposed
provision in consonance with
the modern trends in penology and sentencing procedures.
Sentencing is an important stage in the process of adminis-
tration of criminal ... section 235(2) is in consonance
with the modern trends in penology and sentencing proce-
dures. There was no such provision in the old Code
Vikram Singh @ Vicky & Anr vs Union Of India & Ors on 21 August, 2015
cunning and dangerous to
society. This
930
raison d'etre of penological institutions in our Gandhian
country, with humanism as basic to the constitutional ... Court held that fundamental rights did not forsake
prisoners and that the penological purpose of sentence was
importantly, reformatory even though deterrent
