Winston churchill once remarked, “The mood and temper of the public with respect to the treatment of crime and criminals is one of the unfailing tests of the civilisation of any country. A calm dispassionate recognition of the rights of the accused and even of the convicted criminal against the state; a constant heart-searching by all charged with the duty of punishment; a desire and eagerness to rehabilitate in the world of industry those who have paid their due in the hard coinage of punishment; tireless efforts towards the discovery of curative and regenerative processes; unfailing faith that there is a treasure, if you can only find it; these are the symbols which in the treatment of crime and criminals mark and measure the stored strength of a nation and are sign and proof of the living virtue in it.”

Writing about his time spent in prisons at various moments of his life, Jawaharlal Nehru lamented, “Not the least effort is made to consider the prisoner as an individual, a human being...” He bemoaned the utter apathy of the state apparatus in this regard. The ultimate justification of any punishment is not merely that it is a deterrent, but that it is an emphatic denunciation by the community of a crime. Sentencing although not a science requires an objective approach — reformation of the offender, protection of society, deterrence, expression of society’s disapproval of the crime and so on, are certain universally accepted objectives of a sentence. The sentence must therefore be carried with a sense of duty and of justice in a manner that best safeguards the interests of the society and the convict. The 48th Law Commission Report on ‘Some Questions under the Code of Criminal Procedure, Bill 1970’ made some very pertinent points on the necessity of the prosecution and the accused being heard at the time of sentencing. The Commission observed that both the prosecution and defence should be permitted to lead evidence on the question of sentence. Although these recommendations of the Commission were unfortunately never made part of the law, the courts have relied on these basic objectives of reformation, restoration and deterrence while sentencing.

... contd.