Law demands that no innocent person shall be punished let thousands of
criminals be set free. Social order is that guilty should be brought to book,
fairly tried and punished by procedure established by law. Law means not only
written law but also includes law as interpreted by the Courts. Courts are the
best custodians & saviors of law and society. It is true that guilty should
not be allowed to go scot free. Guilty should be punished under prevailing law
in proportion to the crime committed. Particular criminal statute under which
the guilty is punished prescribes the term of punishment.
Some of the offences are personal and relating to family and personal
matters. Other offences are societal and economical. Some of the offences are of
trivial nature inviting little or no punishment and can be pardoned either due
to compromise between the parties or by imposition of little fine provided the
courts are assured that the offences will not be repeated by the offenders in
future. Other offences are of heinous nature & in cases like murder
punishment is awarded up to death penalty can be imposed. Courts are normally
reluctant to award death penalty. Normally in heinous crimes only sentence of
life imprisonment is awarded but there are some cases placed in category of
“rarest of rare cases” in which death penalty are awarded.
The underlying idea behind the punishment is reformative part of sentencing
policy. In modern day focus is on reformative aspect instead of condemning a
criminal. Award of harsh punishment acts as a big deterrent for crime control in
Society. It is only fear of stringent punishment which acts as an eye opener for
future offenders various criminal statutes are: Indian Penal Code, Criminal
Procedure Code, Prevention of Corruption Act, Domestic Violence Act, Narcotic
Drugs and Psychotropic Substances Act, Prevention of Trafficking in Women &
Child Abuse Act, Prevention of Food Adulteration Act, and Dowry Prohibition Act
& Contempt of Courts Act etc.