GRAVITY OF OFFENCE CANNOT BE SOLE FACTOR TO DECIDE FOR PRE-MATURE RELEASE- S.C.

OCTOBER 3RD, 2020

The three-judge bench of Hon’ble Apex Court has laid down another remarkable precedence that gravity of the offence and term of punishment shall not be the sole factor for premature release of a convict. The bench constituting Hon’ble Justices N.V Ramana, Surya Kant and Hrishikesh Roy held that Society has a right to lead a peaceful and fearless life without free-roaming criminals havoc in the lives of ordinary peace-loving citizens. But the foundation of the reformative theory is as strong as other theories of criminal law. To attain the ambition of civilized society cannot be achieved only through punitive attitudes and vindictiveness.

The Hon’ble Bench further laid down that justice should consider the factor of peaceful harmony and acceptability, and brotherhood. The first time offenders shall be given a second chance in order to lead the new beginning of life. This precedence is for the fulfilment of the purpose of the reformative theory of punishment.

Author: Adv. Bhaskar Aditya