where a crime holds out a durable And
continuing threat to social security in the setting of a
developing country and poses a grave peril ... social security risk
altogether beyond salvage by therapeutic life sentence was
neither in accordance with the requirements of the Code of
Criminal Procedure
armory of
those whose duty it is to maintain social security in its
broadest sense. The Process is widely recognised in all
civilized countries ... over-riding power of the
State for the protection of social security and that power
is necessarily regulated by law. As pointed out in that
concern for social justice as setting the sights of individual justice, interest with the inherited text of the Penal Code to yield the goals desiderated ... permissible to swing a criminal out of corporeal existence only if the security of State and society, public order and the interests of the general
sentence. If the murderous
operation of a die-hard criminal jeopardizes social security
in a persistent, planned and perilous fashion then his
enjoyment of fundamental ... desperate hedonist or
randy rapist. He is not a social security risk altogether
beyond salvage by therapeutic life sentence. Death sentence
is commuted to life
Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982
Equivalent
Concurring)-
1. Section 433A of the Code is constitutionally valid
Section 433A is actually a social piece of legislation which
by one stroke seeks ... avowed object of the
legislature in introducing section 433A in the Code of
Criminal Procedure unmistakably seems to be to secure a
deterrent punishment
security for Ordinary life. If officers enjoined to defend the peace are treacherously killed to facrlitate perpetuation of murderous and often plunderous crimes social justice ... patience of society must be tempered by the prudence of social security and that is the limited justification for deprivation of fundamental rights by extinguishment
constitutionally valid. However, the Apex
Court while reading the scheme of Code of Criminal Procedure
1973 has coined special justifications in the said judgment
which ... have made inconsistent demands
on our official system of social control expecting
greater security from violence, disorder and
depreciation and simultaneously requiring that
penal sanctions
have any inherent powers under the Code. In the absence of any
provision under the Code conferring power on the learned Judge to pass
such ... Court may graciously be pleased to ban the print,
electronic and social media from publishing, posting, and/or
reporting the proceeding of the present trial
cruelty. That is why Section 498A came to be inserted in IPC . A perusal of the said provision makes it clear that what is made ... meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related
