Awarding punishment -a diligent and delicate task- Dr Rahul Gupta

SHIMLA: To award punishment is a delicate and diligent task that calls for exceptional prudence. A properly justified sentence is the amalgam of many factors, such as the nature of offence, circumstances—extenuating or aggravating—of the offence, prior criminal record of the offender, age and background of the offender with reference to education, home life, sobriety, social adjustment, emotional and mental condition, the prospects for his rehabilitation, etc. All these and similar other considerations can, hopefully and legitimately, tilt the scales on the propriety of sentence and, therefore, they have to be taken into account at the time of imposition of punishment on the delinquent.

The disciplinary system should adopt the corrective machinery or deterrence based on factual matrix. By deft modulation, sentencing process be stern where it should be and tempered with mercy where it warrants to be.

The facts and given circumstances in each case, the nature of the inappropriate behaviour, the manner in which it was planned and committed, the motive for commission of inappropriate or unbecoming behaviour, the conduct of the delinquent alongwith all other attending circumstances are relevant facts which should enter into the area of consideration. In an offence inviting extreme penalty, it is expected that every point urged would be dealt with by razor-sharp precision and sound logical reasoning beyond doubt, and not on the ipse dixit of a jury.

The appropriate authority for awarding punishment cannot ignore the social impact too, usually two approaches are made while awarding sentence—

(i) punitive,

(ii) therapeutic

The therapeutic approach seems to be more effective and acceptable. That satisfies the requirement of every discipline and protects society, but at the same time reforms the delinquent to a great extent. The punitive measures though are important but in civil services up, it should be last resort when therapeutic approach is fully exhausted and is been pronounced as a non-corrective measure.

The present time is witnessing so many reforms in our society. Therefore there is dire need too for observing the different socio-economically balanced still reasonably effective and unanimously acceptable options to award punishment.