Why the same crime has such a wide range of punishment?

INTRODUCTION

Law usually provides punishment when the crime is confirmed and judges a considered all points of view and background of criminal. Punishment must not only be a reaction against the crime itself but must also aim at preventing the offender from committing further crime. Punishment is a type of custom that followed our society to control the crime and this custom become the law that followed by everyone in our society to prevent doings and maintain peaceful and healthy surroundings .so today’s definition of crime is when ” a person wrongful action which constituted a punishable offense “.so what is a punishable offense?

When a person’s wrongdoings like murder, theft, child trafficking, and rape and many more called the punishable offense .” to every action, there is a reaction .so there are some theories to justifying wrongdoers who break the social fabric of the society, yet there is no universal applicability of punishment .towards the end
of the last century Andrew Von Hirsch writes ‘just desert’ as criminal sanction I.e.the punishment should fit the crime .the principal object of punishment today is the protection of society and the elements of punishment that is justice, Deterrence and reformation are essential. Punishment also acts as preventive measures of crime is called ” preventive theory of punishment.

SAME CRIME, DIFFERENT PUNISHMENT

The system of punishment cannot be based exclusively on the nature of the crime committed and must be conditioned by the personality of offenders .the same crime committed may by the entirely different type of criminals .but punishment must, therefore, be suited to different categories of criminal.

Macchi Singh V. State of Punjab

Yet the same has been profoundly discussed and concretely defined by three judges bench in this case which deploy “balance sheet test” so compare

“aggravating” circumstances of the Crime and “mitigating” circumstance of the criminal i.e., to compare the injury or wrong committed and pain or suffering imposed.

While evolving the balance sheet test, Macchi Singh propagated the elements in the death penalty jurisprudence. The go and appalling crime against women, What can constitute rarest of rare crime now society seems to be all normal and nevertheless more stringent laws passed by the legislature has barely ceased to be occurring.

This implies, the solution is visibly is not and can never be “ Hang the murderer and the rapists and we will deter all future crime”.

In Santosh Kumar Bariyar V. State of Maharastra

She capital punishment is irrevocable and it’s the danger is most evident from the judgment of the supreme court as per incuriam and ruled that previsions judgments in which 13 death sentences were validated as per incuriom and passed in ignorance of the law led down in bacchan Singh case.

Conclusion

The problem of punishment consists largely of the competing claim of these different approaches .offences are committed by the reasons of a conflict between the interests real or apparent, of the wrongdoer and those of society at large.yet punishment still not have universal applicability.different punishment doesn’t matter, punishment may also be applied on moral, especially religious, grounds The law usually provides a range of sentences for most crimes (and varies from state to state and the federal system.)The range theoretically allows the court to impose a sentence that is appropriate to the circumstances of the crime— age and criminal record of the offender, the presence of aggravating and mitigating factors that affect how the crime is viewed by society.

Aishwarya Says:

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