Indeterminate Sentence

Indeterminate sentence is worse than death

Crime is considered as an offence not against the individual but against the whole society. In Indian jurisprudence punishment is based on a combination of deterrent and reformative theories of punishment. The punishments are to create deter amongst the offenders. At the same time the offenders must be given opportunity to reform themselves. Various provisions of law provide for different types of punishments and their mode of execution. Section 53 of IPC provides for five types of punishments which can be awarded to offenders. These include Death sentence, Imprisonment for life, imprisonment for certain period of time which may be simple or rigorous, fine and forfeiture of property.
Founding fathers of the constitution recognized the right of state to deprive a person of his life or personal liberty in accordance with fair, just and reasonable procedure established by law. There are several indications in the constitution which show that the constitution makers were fully cognizant of the existence of death penalty. These include article 161, 34, 72. The penalty of death differs from all other forms of criminal punishment, not in degree, but in kind. It is unique in its total irrevocability. It is unique in its rejection of rehabilitation of the convict as a basic purpose of criminal justice. The provision for death penalty as an alternative punishment for murder, sedition, dacoity or robbery with murder, fabrication evidence to secure the conviction of another person for offence punishable with capital punishment finds mention in various sections of Indian Penal Code.
Death penalty may also be imposed for offences committed by members of armed forces under the Army Act, Air Force Act and Navy Act. The government also frames special laws to combat terrorism, to control and punish for unlawful and antinational activities affecting the sovereignty and integrity of the Nation. TADA, MCOCA and POTA are the examples of...