Criminal Jurisprudence

  • Application of Issue estoppel in the administration of Criminal Justice - Ordinarily a civil court decision is not bending on the criminal court nor is a criminal court decision binding on the civil court. A decision of a competent court in respect of any matter mentioned in Section 41 of the Evidence Act is however conclusive proof of certain facts mentioned therein and to that extent such decision is binding everywhere.
  • Capital Punishment-India - There are several other sections in which death sentence could be imposed, but that sentence is not mandatory. Under two sections namely Sec. 302-murder and Section 121-waging war against the Government of India, alternative punishments of death or imprisonment for life are leviable.
  • Crimes are to be estimated by the injury done to society: VOLTAIRE - It is not only the common interest of mankind that crimes should not be committed, but that crimes of every kind should be less frequent, in proportion to the evil they produce to society. Therefore, the means made use of by the legislature to prevent crimes, should be more powerful, in proportion as they are destructive of the public safety and happiness, and as the inducements to commit them are stronger. Therefore there ought to be a fixed proportion between crimes and punishments.
  • Criminal Jurisprudence- Stare decisis - It is trite that every criminal case has its own peculiar facts and circumstances. Undoubtedly, the jurisprudential evolution has brought out certain well accepted principlesContinue Reading
  • DOCTRINE OF WAIVER - Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege, which except for such a waiver, a party could have enjoyed. In fact, it is an agreement not to assert a right. There can be no waiver unless the person who is said to have waived, is fully informed as to his rights and with full knowledge about the same, he intentionally abandons them.
  • Guilt, bad conscience and the like-Nietzsche-1887 - That idea—"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology.
  • HUMANITARIAN THEORY OF PUNISHMENT- C. S. LEWIS-1954 - My subject is not Capital Punishment in particular, but that theory of punishment in general which the controversy showed to be almost universal among my fellow-countrymen. It may be called the Humanitarian theory. Those who hold it think that it is mild and merciful. In this, I believe that they are seriously mistaken.
  • Meaning of Inherent power of High Court applying criminal Jurisdiction - It is evident that inherent powers can be exercised only to prevent the abuse of the process of the court and to secure the endsContinue Reading
  • Presumption of innocence has been recognised as a human right -SC - Every accused is presumed to be innocent unless his guilt is proved. The Presumption of innocence is human right. Subject to the statutory exceptions, the said principle forms the basis of criminal jurisprudence in India.
  • Section 265 A of The Code of Criminal Procedure 1973 - This Chapter shall apply in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years
  • The Doctrine of Punishment: John Stuart Mill - When a right has been infringed, there are two things, it is evident, which ought to be done: The injury which has been sustained by the individual ought to be repaired: And means ought to be taken to prevent the occurrence of a like evil in future.
  • The fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty. - Every accused is presumed to be innocent unless his guilt is proved. The Presumption of innocence is human right.
  • The Origin, Right and Consequences of Punishment: VOLTAIRE - If we look into history we shall find that laws which are, or ought to be, conventions between men in a state of freedom, have been, for the most part, the work of the passions of a few, or the consequences of a fortuitous or temporary necessity; not dictated by a cool examiner of human nature, who knew how to collect in one point the actions of a multitude, and had this only end in view, the greatest happiness of the greatest number.