11 Chapter 4

1,
CHAPTER-IV
ANALYSIS OF PUNISHMENTS
MENTIONED IN INDIAN
PENALCODE WITH THE OTHER
PENAL CODES OF SELECTED
COUNTRIES
j
222
CHAPTER-IV
ANALYSIS OF PUNISHMENTS MENTIONED IN

INDIAN PENALCODE WITH THE OTHER PENAL
CODES OF SELECTED COUNTRIES
4.1. Introduction
New sanctions have been devised, new correctional treatment methods
have been invented and in number of countries punishments have been tailored to
meet the present needs of the society. In the course of time, concept of
punishment was changed. The idea of causing some deliberate harm to another
was not a part of its original character. It was simply a defensive reaction.
However, with the passage of the time defensive reaction achieved a value of its
own and to justify it, all sorts of theories have been put forward.
In England, till the period of Norman conquest there was no true criminal
procedure. There is no clear indication as to what are the factors that should be
taken into account in the matter of assessing the sentences to be imposed. In
many countries there are laws prescribing sentencing guidelines. The
establishment of a permanent Statutory Committee for the purpose of prescribing
sentencing guidelines is required in India. As the fines were prescribed more than
one and half century ago and the value of the rupee has since gone down
considerably, the continuing with those amounts as fine seriously effects the
object of punishment. The practice of jailing women who are pregnant or having
223
young child is cruel and most unreasonable to virtually put the innocent child in
prison for no fault of the child which will also affect his future life. Therefore
pregnant women or women with child should, instead of being sent to prison, be
ordered to be under house arrest like other developed countries.
4.2. The Indian Penal Code
The Code contains 511 sections and 32 chapters. It was prepared in
between the years1834 and 1837. It was kept in abeyance about 25 years. It was
verified by several eminent English legal luminaries. The code was finally enacted
as law on 1-5-1860. But, actually it came in to operation on 1-1-1862 since then it
has been in force subjecting to some occasional modifications through
amendments. In Indian Penal Code several offences were defined and
punishments were prescribed. In all the sections of the code 35 sections denote
only punishments. In the code nearly 48 new sections were added and 11
sections are repealed and 10 sections are omitted .It is true that the list of
offences provided in India Penal code is incomplete. Many offences are not
included as per the aspirations of the people and the progress of the society.
No punishment can be said to attain its true purpose which is
disproportionate and unjust. This implies a close examination and view of crime
in its true perspective. Really speaking, there is no absolute criterion or measure
of crime. It varies with age, locality and circumstances and prohibited by whom
but by the public opinion of society of which the Legislature is but a spokesman
and the external embodiment. Such prohibitions have varied from time to time,
but there are certain prohibitions which the intuition of man has condemned at all
times and in all places, these forms are the backbone of criminal law. They are
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offences which by the consensus of mankind are regarded as evils of the highest
degree, and both as destructive of society and its well-being. The offences such
as treason, murder, rape and robbery belong to this class. Next to them fall
other offences which law reprobates as grave and which the moralist condemns
as true manifestation of an evil nature. Such are the offences of hurt, adultery,
defamation and acts involving fraud. Next below them fall offences which are
constituted for the preservation of the State and to protect its revenues. Such
offences are those against the revenue and servants. The offences which would
be called as quasi-delicates, and which are offences not implying any moral
turpitude, but are nonetheless punishable on account of the injury they do or
threaten to the Sate or its subjects. Such are the offences called public
nuisances and those allied thereto and made punishable by Secs.304-A,336-338.
Into the same category fall other offences such as those relating to the breach of
contract and of marriage obligations. It is not an easy task to classify offences
according to their gravity, but the maximum punishment provided in each case is
an indication of the place the Code intends to assign to each offence in the cadre
of criminality.
4.2.1. Scheme of the Indian Penal Code
It opens with a chapter of general explanations, and interpretations of the
terms used throughout the Code. It then describes the various punishments to
which offenders are liable; follows with a list of the exception regarding criminal
responsibility under which a person who otherwise would be liable to punishment

225
is exempted from the penal consequences of his act, such as offences committed
by children1, by accident2 or misfortune without any criminal intention3, offences
committed by lunatics and offences committed in the exercise of the right of
private defence.
The next chapters deal with offences against the public, criminal
conspiracy including the state, the army and navy, public tranquility, public
servants, contempt of the lawful authority of public servants, offences relating to
elections perjury: offences relating to coin and Government stamps, to weights
and measures; offences affecting the public health, safety, convenience, decency
and morals; offences relating to religious; and offences relating to the human
body, dowry death from murder down to the infliction of any hurt.
The Code then passes on to offences against property; offences relating to
forgery, including trade mark, criminal breach of contracts for service, offences
relating to marriage, offences of cruelty by husband or relatives of husband,
defamation, criminal intimidation, insult and annoyance.
Under this last head is included an attempt to cause a person to do
anything which that person is not legally bound to do, by inducing him to believe
that he would otherwise become subject to divine displeasure.
The First Schedule of the Information Technology Act, 2000 has amended
certain provision of the Indian Penal Code, 1860. The scope of the amended
provisions has been widened to include offences relating to documents and
paper based transactions. By virtue of the Amendments made now, all the
amended provisions will include offences relating to documents as well as
electronic records.
1 Sec. 82 & 83 of IPC

2 Sec. 80
3 Sec. 81
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4.2.2. Types of punishments mentioned in I.P.C.
Section 53 of Indian Penal Code has prescribed six types of punishments,
namely, death, life, imprisonment, rigorous imprisonment, simple imprisonment,
forfeiture of property and fine. Indian Penal Code is in fact a catalogue of
offences and punishments. Out of the above punishments, most common are
‘imprisonment’ of both description and fine. Sections 53 to 75 of the I PC
incorporate general provisions relating to punishment for different offences,
Chapter III of IPC titled ‘Of Punishments’ contains Ss 53-60 dealing with different
types of punishments, including death sentence, life imprisonment and
imprisonment for certain periods, whether the sentence, should be served as
rigorous or simple imprisonment and so on. Provisions relating to imposition of
fines, including provisions for alternative sentences, if fines are not paid are
incorporated in Ss. 63-70, IPC; nature of punishment for offences made up of
several offences is provided for in Ss. 71 and 72. Solitary confinement as
punishment and limits of its imposition are spelt out in Ss. 73 and 74 of the Code.
Section 751 provides for enhanced punishment for the offences defined under
chapter XVI or Ch. XVII of the code for repeat offenders.
4.2.3. The Code in the changing Society
Since Lord Macaulay has drafted the Indian Penal Code, the world
has undergone a complete change in the criminological thinking and also in the
basic fiber of ‘rule of law’. It is important to observe that the Act has not
attempted to define the word, ‘criminal’ or ‘offender1 even though it is used several
1 Substituted by The Indian Penal Code( Amendment) 1910, Act No.lll of 1910.
227
times in the Code. That is the background of the Code not providing any clear
understanding of the word crime or criminal and simply explaining the term in
simplistic manner. It is true, in the fitness of things to the current understanding of
the philosophy behind, some modern statutes like Children Act, Drug Act, Arms
Act, etc. have identified some stray syndromes of crime and delinquency behavior,
as the case may be. But the Code is such an over-simplification that
individualized treatment and ‘therapeutic’ approach is inapplicable. The only way is
to individualize the punishment by maneuvering the scale of punishment, since the
Code has prescribed only maximum punishment.
Though Law is backdated, it is heartening to note that the scientists and
sociologists have come forward to unfurl a correct understanding of the situation.
To them, crime an act of a deviant who in response to a given phenomena
personal to him, violate the normative social prescription endangering the social
life and living. Thus, crime is an act of deviance, an act in response to a given
situation and an act which is a product of personal reaction to a given situation.
This attitude gives ample scope for deep studies to unearth causative factors in
each species of crime. In a word, the present framework of the Code does
not incite people to unearth truth.
4.2.4. Role of Law Commission of India
The Indian Government has been constituting Law Commissions from time
to .time since Independence. The period of each Commission is 3 years. The
reports of the Law Commissions are considered by the Ministry of Law in
consultation with the concerned administrative Ministry and are submitted to
Parliament from time to time. The Law Commission of India has forwarded
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reports so far on different of subjects of Law. The recommendations of the Law
Commission regarding the provisions of Indian Penal Code is laudable. The I.L.C.
stated through its reports to amend several provisions of the Code regarding the
change of punishment for several sections. Some important suggestions of the
I.L.C or explained below.
The Law Commission of India in its 5th Report stated that about the British
statues applicable to India, in its 29th Report it stated about the proposal to
include certain social and economic offences in I.P.C., in its 39th Report1 2it gave
important suggestions about the imprisonment for life under the Code, in its 47th
Report mentioned about the trial and punishment of social and economic
offences. In its 51st Report it recommended to the Government about the
compensation for injuries caused in hit-and-run cases, its 84th Report it
mentioned about rape and alleged offences, its 91st2 Report mentioned about
Dowry death and other Law Reforms. In 109th Report the 10th Law Commission
on 1985 explained the new outlooks in obscene and indecent advertisement and
displays. In 142nd Report the 19th Law Commission mentioned about the
concessional treatment for offenders. In 146th Report the 13th Law commission
recommended to the Government to add new section i.e., 373-A to the Indian
Penal Code to curtail the sale of women and children.
In 156th Report, the 14th Law Commission under the Chairmanship of
K.G.Reddy suggested some Reforms to the Government. In 172nd Report the 15th
Law Commission under the Chairmanship of B.P.Jeevan Reddy stated about the
Review of Rape Laws. In 187th Report the 17th Law Commission mentioned mode
of execution of death sentence and incidental matters and submitted to the
1 Fifth Law Commission under the Chairmanship of Mr. K.V.Sundaram 1969-1971.

2 10th Law Commission under the Chairmanship Mr. Justice K.K.Mathew 1981-85
229
Government. In 202nd Report, 18th Law Commission in the year 2007 under the
Chairmanship of Justice A.R.Lakshman proposed the amendment of Sec. 304 B
of IPC.
.The Law Commission of India1 in its 156th Report, submitted in 1997
affirmed the changes in the IPC as accepted in the1978 Bill, except that new
section 304B was recommended to be inserted as sub-Section (2) in section
304A because the number could not be ‘304B’ in view of the amendment of the
IPC by Act 43 of 1986 inserting section 304B relating to dowry death. The Law
Commission reaffirmed the changes in the IPC as carried out by clauses 118,
119,127,128,141,142 and 143 of the IPC (Amendment) Bill, 1978 as passed by
the Council of States on 23.11.1978, subject to the following modifications.
The Law Commission of India2 now feels that even the maximum term of
imprisonment of five years in section 304A, IPC would not be adequate on the
touchstone of the theory of deterrence keeping in view the present days’ practical
reality and the same should be increased to ten years. It is also felt that the
offence under section 304A, IPC should be non-bail able. Causing death of any
person through driving under the influence of drink or drugs should be punishable
with the minimum term of imprisonment of two years. Any second or subsequent
offence under section 304A, IPC, if the rash or negligent act involved is the act of
driving other than driving under the influence of drink or drugs, should be
punishable with the minimum term of imprisonment of one year.
The maximum term of imprisonment in section 279 (proposed) section
279A, IPC should be increased to five years and any second or subsequent
1 http://www.lawcommissionofindia.nic.in/main.htm
2 http://www.lawcommmissionofmdia.nic.in/main.htm
230
offence there under should be punishable with the minimum term of
imprisonment of six months. Any second or subsequent offence under section
336, IPC, if committed within three years of the commission of the previous
similar offence and the rash or negligent act involved is the act of driving should
be punishable with the maximum term of imprisonment of two years.
Any second or subsequent offence under section 337, IPC, if committed
within three years of the commission of the previous similar offence and the rash
or negligent act involved is the act of driving, should be punishable with the
maximum term of imprisonment of three years. Any second or subsequent
offence under section 338, IPC, if the rash or negligent act involved is the act of
driving, should be punishable with the maximum term of imprisonment of five
years.
The Law Commission, headed by Justice A.R.Laxman in its 234th report
submitted to the Government that causing death by driving under the influence of
alcohol or drugs should be punished with a minimum provision term of 2 years. In
its report on legal reforms to combat road accidents the Commission said: India
has one of the largest net works in the world, of 3.314 Million Kilometres
consisting of National High Way, Express ways, State High Ways major district
roads and village roads. More than 1 lakh Indians are dying every year in road
accidents. More than a Million are injured or maimed1. The 18th Law Commission
has recommended increasing the minimum sentence from 7to 10 years in Dowry
death cases. It has however, declined the suggestion to increase the maximum
punishment from life imprisonment to death sentence. The Commission says”.
There is no justification for amending the Section 304-B I.P.C. to provide for death
1 The Hindu 23rd Aug.2009- Law Panel for 10 years’ imprisonment for death caused by rash driving.
231
penalty. Such penalty will also not the inconformity with the principles of
proportionality
4.2.4.1. Proposed Chapter on Attempts

The Law Commission of India1 proposed deletion of S.511 and insertion of a
new Chapter VB1 entitled ‘ Of Attempt’ consisting of the two Ss. 120C and 120D
after Chapter VA dealing with ‘Criminal Conspiracy’ with a view to group inchoate
crimes together. The proposed S 120C gives a comprehensive definition of
attempt as shown below.
120C. Attempt.- A Person attempts to commit an offence punishable by this
Code, when -
(a) with the intention or knowledge requisite for committing it does any act
towards its commission;
(b) the act so done is closely connected with, and proximate to, the
commission of the offence; and
(c) the act fails in its object because of facts not known to him or because of
circumstances beyond his control.
120 D. Punishment for attempt. - Whoever is guilty of an attempt to commit an
offence punishable by this Code with imprisonment for life, or with imprisonment
for specified term, shall, where no express provision is made by this Code for the
punishment of such attempt, be punished with imprisonment of any description
provided for the offence, for a term which may extend to one-half of the
imprisonment for life, or as the case may be, one-half which may extend to one-
half of the imprisonment for life, or, as the case may be, one-half of the longest
1 The Law commission of India, 42nd Report on Indian Penal Code, (Ministry of Law) (1971), PP.138-139.
232
term of imprisonment provided for that offence, or with such fine as is provided
for the offence, or with both.
The Supreme Court of India has also dealt with these aspects while
determining the scope of Ss 511 and 307 of Indian penal code1. Revision of our
law on the lines of Criminal Attempt Act, 1981 may help the Indin courts resolve
the conflicts and strengthen the law of criminal attempts.
The 42nd Report of the Law Commission of India, submitted in June, 1971,
examined the provisions of the IPC, regarding negligence.2
History of section; “The provision in Macaulay’s Draft Penal Code was as
follows:-
304, whoever causes the death of any person by any act or any illegal
omission, which act or omission was so rash or negligent as to indicate a want of
due regard for human life, shall be punished with imprisonment of either
description for a term which may extend to two years, or fine, or both.’
The clause was inadvertently or otherwise, left out in the final draft. The
present section 304A was subsequently inserted at the instance of the then Law
Minister, Sir James Stephen, by Act 25 of 1870. It was stated in the Statement of
objects and Reasons:-
‘The Code, as it stands, contains no adequate provision for the
punishment of what English lawyers call manslaughter by negligence. This was
provided for in the draft Code, section 304, and the present Bill supplies the
omission.”
1 The Supreme Court has held in Om Prakash v. The State of Punjab. (1962(1) S C J 189.
2 Fifth Law Commission under the Chairmanship of Mr. K.V.Sundaram 1969-1971.

233
4.2.5. Inadequate Punishment
The Law Commission of India in number of times emphasized the need to
enhance the punishment to different offences in the Code. The important
recommendations of the ILC are mentioned below. This is desirable, in view of
the greater importance of the offence under Section 304A as assumed since the
section was inserted due to the wide use of fast moving mechanically propelled
vehicles and the frequency in the commission of the offence, accompanied by
callousness of the offender towards the victim; often there are cases tried under
this section which are very near to culpable homicide and deserve a severe
sentence. In the views expressed by various kinds of people, organization and
institution as to the quantum of punishment under the Code, there has been a
strong demand for increase in the punishment under this section. The
suggestions vary from three years to seven years. There is also a suggestion to
increase the period to seven years if more than one death has been caused.
After taking into account of the proposal of Law Commission to fix the
maximum punishment for culpable homicide not amounting to murder at ten
years, these Commission recommend that the maximum punishment for causing
death by negligence may be half that period, namely five years."
4.2.6. Process of Sentencing under India Penal Code
In India, the sentencing process is totally a judicial determination and the
Court can pass a sentence in a ‘definite form’. Law normally indicates the
maximum punishment to be awarded for an offence and then leaves it to the
discretion of the sentencing Courts to pass an appropriate sentence within the
prescribed maximum limit. The Indian Penal Code provides the general penal
234
code of India, impliedly assuming the possibility of existence of special Statutes
defining offences and prescribing punishments
Section 304A, which was inserted in the IPC by Act 25 of 1870, postulates
a rash and negligent act entailing death of another. Dealing with sentencing of a
convict for offences under sections 279 and 304A, IPC, the Supreme Court in
Dalbir Singh v. State of Haryana1 held.
“When automobiles have become death traps any leniency shown to
drivers who are found guilty of rash driving would beat the risk of further
escalation of road accidents. All those who are manning the steering of
automobiles, particularly professional drivers, must be kept under constant
reminders of their duty to adopt utmost care and also of the consequences
befalling them in case of dereliction. One of the most effective ways of keeping
such drivers under mental vigil is to maintain a deterrent element in the
sentencing sphere. Any latitude shown to them in that sphere would tempt them
to make driving frivolous and a frolic.
While considering the quantum of sentence to be imposed for the offence
of causing death by rash or negligent driving of automobiles, one of the prime
considerations should be deterrence. He must always keep in his mind the fear
psyche that if he is convicted of the offence for causing death of a human being
due to his callous driving of the vehicle he cannot escape from a jail sentence.
This is the role which the courts can play, particularly at the level of trial courts, for
lessening the high rate of motor accidents due to callous driving of automobiles”
113 (2000) 5SCC82

235
4.2.7. Need to Change of Punishments
The change in the outlook of punishments with the emphasis being shifted
form the offence to the offender will naturally lead to recasting of the provisions of
substantive law relating to definition of offences as well as responsibility. On the
question of responsibility, Friedman observes ’’Clearly the development of
modern psychiatry which between the fully normal and the fully abnormal person
recognizes an infinite variety of shades of disturbances lessening to a varying
degree the emotional powers and capacities of self-control rather than intellectual
discernment calls for a corresponding elasticity in the legal approach to and
problem of responsibility. But this very development makes it obviously very
difficult to devise precise legal formulate by either statutory or judicial
legislation.”1
The Penal Code today provides for a gradation of punishments according
to specific criminal acts and the criminal intent demonstrated by them. The
meticulous setting down of supposedly appropriate dosage of punishments based
upon degrees of vicious will lose most of its significance. The new approach to
punishments would necessitate a re-examination of the splitting up of offences
into degrees. This will have the added advantage of the reduction of the size of
the penal code Over elaboration has been the besetting sin of the entire Code.
Section have been multiplied beyond necessity. Different circumstances of the
commission of a single offence have been considered for new section although
they are really to be considered in each case by the trying court for apportioning
the punishment under the original offences’’2. The revision of two codes recently,
the Canadian Criminal Code(1955) and the Criminal Code of Louisiana (1942)
1 Friedman, Law in a changing Society (1959) P.171

2
Abdul Hasanat: “ crime and criminal Justice” (Appendix B) p.124
236
proceed chiefly on the principle of reduction of the size of the code by eliminating
such distinctions1.
4.2.8. Division of Offences basing on the Punishments
The offences in the Indian Penal Code are divided in to 14 categories
basing on the punishments prescribed to them in the following manner. The
punishments mentioned for all the offences in Indian Penal Code are not in
particular order. The minimum sentence is not fixed to any of the offence to most
of the affiances except in three occasions
1. In this category there are 7 offences which are punishable with death or
imprisonment for 10 years imprisonment life and shall also liable to fine and one of
the section i.e. Sec.303 is only punished with death. In this category two sections
they are Sec.376, Sec. 397 & 398 specifically provided with rigorous imprisonment
. All these offences are mentioned in the following table.
SL. Section Offence Punishment

No.
1 121 Waging, or attempting to wage Shall be punished with death or
war, or abetting waging of war, imprisonment for life and shall
against the also liable to fine
Government of India
2 132 Abetment of mutiny, if mutiny Death or imprisonment for life, or
is committed in consequence 10 years and fine.
there of.
3 194 Giving or fabricating false Shall be punished either with
evidence death
with intent to procure or imprisonment for life or
conviction of capital offence rigorous
imprisonment for a term which
may
extend for 10 years and shall
also liable to fine.
1A J McLeod and J C Martin, “ The Revision of the Criminal Code’ Canadian Bar Review, p.3 (1955);
J.Denton Smith, “How Louisana prepared and Adopted a Criminal Code’ 41 Journal of Criminal Law and
Criminology p. 125.
237
4 302 Punishment for murder Shall be punished with death or

Or imprisonment for life and
shall Also liable to fine
5 303 Punishment for murder by life Shall be punished with death.
convict
6 364A Kidnapping for ransom, etc. Death or Imp. for life and fine.
7 396 Dacoity with murder Death, Imp. for life or rigorous
Imp. for 10 years and fine.
Table No:l, The offences punishable with death alone and life imprisonment and fine
2. There are 34 Sections in the Code which are punishable with
Imprisonment for life. The punishments for all these offences did not contain any
minimum limit. The above 7 sections are specially provided with rigorous
imprisonment. There are three options of punishments to the conviction court but
did not contain any minimum limit. All these three options such as life, 10
years/7years of imprisonment and fine. In this category of punishments also
there is no uniformity. Some of the offences are provided with punishment of life
or 10 years Imp. and fine, some others are punishable with life or 14 years Imp.
and with or without fine, some others are punishable with life or 10 years
Rigorous Imprisonment. Though the Criminal Law (Amendment) Act, 1983 the
Punishment to Sec. 376 in substituted by fixing minimum punishment. Thus in
this category of offences even though all are contain life as primary punishment,
optional punishments are different.

No.
1, 121-A1 Conspiracy to commit offences Shall be punished with
punishable by section 121 imprisonment for life or
imprisonment of either
description for a term not
exceeding 10 years and shall
2 122 Collecting arms, etc., with Life or 10 years imprisonment
intention of waging war against and fine imprisonment to which
238
the Government of India. may leaded

3 125 Waging war against any Asiatic Life and Fine & Imp. for 7
Power in alliance with the years to which fine may be
Government of India added.
Fine or fine.
4 130 Aiding escape of, rescuing or Life or 10 years imprisonment
harboring such prisoner
5 131 Abetting mutiny, or attempting Imp.for life or Imp. for 10 years
to seduce a soldier, sailor or and fine
airman from his duty
6 194 Giving or fabricating false Imp. for life or rigorous Imp. for
evidence with intent to procure 10 years and fine.
conviction of capital offence
7 222 Intentional omission to Imp. for life or imp. for 14
apprehend on the part of public years or with or with out fine.
servant bound to apprehend
person under sentence or
lawfully committed.
8 225 Resistance or obstruction to Life or 10 years imprisonment
lawful apprehension of another fine and fine
person
9 232 Counterfeiting Indian coin Imprisonment for life &
Imprisonment for 10 years and
fine.
10 238 Import or export of counterfeits
j>
of the Indian coin
11 255 Counterfeiting Government
>>
stamp
12 311 Being a thing Imprisonment for life or Imp.
for 10 years and fine.
13 313 Causing miscarriage without Imprisonment for life or Imp.
woman’s consent for 10years and fine
14 314 Death caused by act done with Imprisonment for life or Imp.
intent to cause miscarriage for 10 years and fine
15 326 Voluntarily causing grievous Imprisonment for life or Imp.
hurt by dangerous weapons or for 10 years and fine
means
16 329 Voluntarily causing grievous Life or 10 years Imp. and fine
hurt to extort property, or to
constrain to an illegal act
17 364 Kidnapping or abducting in Life or rigorous imp. for 10
order to murder years and fine
18 371 Habitual dealing in slaves Life or 10years and fine
19 376 Punishment for rape Life or 10years and fine
20 377 Unnatural offences Life or 10years and fine
21 Putting a person in fear of an Imp. for life or imp. for 10 years
accusation of an offence and fine.
389
punishable with death or imp.
for life or imp. for 10 years in
239
order to commit an extortion

22 394 Voluntarily causing hurt in Life or rigorous imprisoment for
committing robbery 10 years and fine
23 395 Punishment for dacoity. Life or rigorous imprisonment
for 10 years and fine
24 400 Punishment for belonging to
gang of dacoits
25 412 Dishonestly receiving property Life or Rigorous Imp. for 10
stolen in the commission of a years and fine
dacoity.
26 413 Habitually dealing in stolen Life or Rigorous Imp. for 10
property years and fine
27 436 Mischief by fire or explosive Life or 10years Imp. and fine
substance with intent to destroy
house, etc.
28 438 Punishment for the mischief Life or 10years Imp. and fine
described in section 437
committed by fire or explosive
substance
29 449 House-trespass in order to Life or Rigorous Imp. for 10
commit offence punishable with years and fine
death
30 459 Grievous hurt caused whilst Life or 10years Imp. and fine
committing lurking house-
trespass or house-breaking.
31 460 All persons jointly concerned in Life or 10years Imp. and fine
Lurking house-trespass or
house-breaking by night
punishable where death or
grievous hurt caused by one of
them.
32 467 Forgery of valuable security, will Life or 10years Imp. and fine
etc.
33 472 Making or possessing Life or 7years Imp. and fine
counterfeit seal, etc
34 477 Fraudulent cancellation, Life or 7years Imp. and fine
destruction, etc. of will, authority
to adopt, or valuable security
35 489A&B Counterfeiting currency-notes or Life or 10years Imp. and fine
489 D bank-notes
Using as genuine, forged or
counterfeit currency-notes or
Bank-notes
Making or possessing
instruments or materials for
forging or counterfeiting
currency notes or bank-notes
Table No:2 Showing the offences punishable with 14 years imprisonment and
fine.
240
3. In this category there are four offences in which one offence i.e.,roberry with
rigorous punishment for 14 years and fine and the same is also punishable with
rigorous punishment for 10years and fine. The conviction court can exercise the
discretion only regarding to the quantum of imprisonment and fine but it ought to
inflict both fine and imprisonment.

No.
1. 115 Abetment of offence punishable Imprisonment for 14 years
with death or imprisonment for and fine
life if offence not committed
2 392 Punishment for robbery 14 years imp. and fine or
Rigorous imp. for 10 year
and fine.
3 457 Lurking house-trespass or house Imprisonment for 14 years
breaking by night in order to commit and fine
offence punishable with imprisonment.
4 458 Lurking house-trespass or house Imprisonment for 14 years
breaking by night after preparation for and fine
hurt, assault, or wrongful restraint.
fine.
4. In this category there are 26 offences which are all punishable with 10
years imprisonment and fine. The two offences are specially provided with
rigorous imprisonment It is peculiar that for Sec.397 and 398 minimum
punishment is mentioned except these two sections no other section contain it in
entire Code.
S.No. Section Offence Punishment

1 235 Possession of instrument or material for 10 years and
the purpose of using the same for fine(3years and fine)
counterfeiting coin.
2 240 Delivery of Indian coin, possessed with 10 years and fine
knowledge that it is counterfeit
3 306 Abetment to suicide 10 years and fine
241
5 315 Act done with intent to prevent child being 10 years and fine
born alive or to cause it to die after birth
6 316 Causing death of quick unborn child byu 10 years and fine
act amounting to culpable homicide
7 327 Voluntarily causing hurt to extort property, 10 years and fine
or to constrain to an illegal act
8 328 Causing hurt by means of poison, etc., with 10 years and fine
intent to commit an offence
g 331 Voluntarily causing grievous hurt to extort 10 years and fine
confession, or to compel restoration of
property
10 333 Voluntarily causing grievous hurt to deter 10 years and fine
public servant
11 366 Kidnapping, abducting or inducing woman 10 years and fine
to compel her marriage etc.
12 366A Procuration of minor girl 10 years and fine
13 366B Importation of girl from foreign country 10 years and fine
14 367 Kidnapping or abducting in order to subject 10years and fine
person to grievous hurt, slavery, etc
15 372 Selling minor for purposes of prostitution, 10 years and fine
etc.
16 373 Buying in or for purposes of prostitution, 10 years and fine
etc
17 382 Theft after preparation made for causing Rigorous
death, hurt or restrain in order to the imprisonment 10
committing of the theft years and fine
18 386 Extortion by putting a person in fear of 10 years and fine
death or grievous hurt
19 388 Extortion by threat of accusation of an 10 years and fine.
offence punishable with death or
imprisonment for life, etc.
20 437 Mischief with intent to destroy or make 10 years and fine
unsafe a decked vessel or one of twenty
tons burden
21 439 Punishment for intentionally running vessel 10 years and fine
aground or ashore with intent to commit
theft, etc
22 454 Lurking house-trespass or house-breaking 10 years and fine
in order to commit offence punishable with 3 years and fine
imprisonment
23 493 Cohabitation caused by a man deceitfully 10 years and fine
inducing a belief of lawful marriage.
24 495 Same offence with concealment of former 10 years and fine.
marriage from person with whom
subsequent marriage is contracted.
fine.
242
5. In this category there are 50 offences which are all punishable with 7 years
imprisonment and fine. Sec. 174A, Sec. 195A, Sec. 293 and Sec. 477A are
amended by Act no. 25 of 2005.1 Act no. 2 of 20062. Act no. 8 of 19253 and Act
no. 3 of 18954 respectively. The two offences are specially provided with
additional punishment of forfeiture of property and four offences are punishable
with rigorous imprisonment 7 years and fine.Sec.193 of the Code replaced the
old section through Amendment Act No:8 of 1925 by enhancing the punishment
as 7 years and Rs.5000 as fine in case of subsequent commission of the offence.
But there is no minimum punishment to any of these offences.

1 126 Committing depredation on territories 7 years and fine and
of Power at peace with the forfeiture of certain
Government of India property.
2 118 Concealing design to commit offence 7 years and fine / 3
punishable with death or imprisonment years and fine.
for life
3 127 Receiving property taken by was or 7 years and fine and
depredation mentioned in sections 125 forfeiture of certain
and 126 property
4 134 Abetment of such assault, if the assault 7 years and fine
is committed
5 174 (A) Non-attendance in obedience to an 7 years and fine or
order from public servant both
6 193 Punishment for false evidence. 7 years and fine
7 195(A) Threatening any person to give false 7 years and fine
evidence certain property
8 201 Causing disappearance of evidence of 7 years and fine
offence, or giving false information to
screen offender
7 211 False charge of offence made with 7 years imprisonment
intent to injure. If the offence charged and fine.
be punishable with Imp. of 7 years or
upward..
1 The Code of Criminal Procedure (Amendment) Act, 2005.

2 Criminal law (Amendment) Act, 2005
3 The Obscene publication Act, 1955.
4 The Indian Criminal (Amendment) Act, 1895.
243
9 213 Taking gift, etc., to screen an offender 7 years and fine

from punishment (3 years and fine)
10 214 Offering gift or restoration of property in 7 years and fine
consideration of screening offender
11 231 Counterfeiting coin 7 Years and fine
12 234 Making or selling instrument for 7 years and fine(3 years
counterfeiting Indian coin and fine)
13 243 Possession of Indian coin by person 7 years and Fine
who knew it to be counterfeit when he
became possessed thereof
14 244 Person employed in mint causing coin 7 Years and Fine
to be of different weight or composition
from that fixed by law.
15 245 Unlawfully taking coining instrument 7 years and Fine
from mint
16 247 Fraudulently or dishonestly diminishing 7 years and fine
weight or altering composition of Indian
coin.
17 249 Altering appearance of Indian coin with 7 Years and fine
intent that it shall pass as coin of
different description
18 256 Having possession of instrument or 7 Years and fine
material for counterfeiting Government
stamp
19, 257 Making or selling instrument for 7 years and fine
counterfeiting Government stamp
20 258 Sale of counterfeit Government stamp 7 Years and fine
21 259 Having possession of counterfeit 7 years and fine
Government stamp
22 260 Using as genuine a Government stamp 7 years or fine and
known to be a counterfeit both
23 293 Sale, etc., of obscene objects to young 2nd or subsequent
person conviction imp.of 7
years and fine upto
Rs.5000
24 308 Attempt to commit culpable homicide. Imp. for 7 years or
If such act causes culpable homicide to Fine or both.
any person.
25 325 Punishment for voluntarily causing 7 years or fine
grievous hurt
26 330 Voluntarily causing hurt to extort 7 years and fine
confession, or to compel restoration of
property
27 363 Punishment for kidnapping 7 years and fine
28 365 Kidnapping or abducting with intent 7 Years and fine
secretly and wrongfully to confine
person
29 369 Kidnapping or abducting child under 7 years and fine
ten years with intent to steal from its
244
person
30 370 Buying or disposing of any person as a 7 Years and fine or
slave both
31 380 Theft by clerk or servant Imp. for 7 years and
fine
32 381 Theft by clerk or servant of property in 7 years and fine
possession of master
33 397 Robbery, or dacoity, with attempt to Rigorous
cause death or grievous hurt imprisonment not less
than 7 years.
34 398 Attempt to commit robbery or dacoity Rigorous
when armed with deadly weapon imprisonment
Not less than 7 years
33 401 Belonging to 9 wandering gang of 7 years rigorous Imp.
persons associated for the purpose of and fine.
habitually committing thefts.
35 402 Assembling for purpose of committing Rigorous
dacoity imprisonemnt for 7
years
36 404 Dishonest misappropriation of property 7 years and Fine
possessed by deceased person at the
time of his death.
37 407 Criminal breach of trust by carrier, etc. 7 years and Fine
38 408 Criminal breach of trust by clerk or 7 Years and Fine
servant
39 420 Cheating and dishonestly inducing 7 years and Fine
delivery of property
40 433 Mischief by destroying, moving or 7 years or fine or
rendering less useful a lighthouse or Both
sea-mark
41 435 Mischief by fire or explosive substance 7 years or Fine
with intent to cause damage to amount
of one hundred(incase of agrl. produce)
or ten rupees
42 451 House trespass in order to the 7 years Imprisonment
commitment an offence punishable and fine.
with imprisonment, If the offence is
theft
43 452 House trespass after preparation for 7 Years and fine
hurt, assault or wrongful restraint.
44 466 Forgery of record of Court of public 7 years and fine
register, etc.
45 468 Forgery for purpose of cheating 7 years and fine
46 473 Making or possession counterfeit seal, 7 years and fine
etc., with intent to commit forgery
publishable otherwise
47 474 Having possession of document 7 years and fine
described in section 466 or 467,
knowing it to be forged and intending to
245
use it as genuine
48 476 Counterfeiting device or mark used for 7 years and fine
authenticating documents other than
those described in Section 467, or
possessing counterfeit marked material
49 477A Falsification of accounts. 7 Years or fine or both
50 489-C Possession of forged or counterfeit 7 years or fine or both
currency-notes or bank- notes
51 496 Marriage ceremony fraudulently gone 7 years and fine
through without lawful marriage
Tab e No: 5 Showing the offences punishable with 7 years imprisonment and
fine.
6. Sec. 153A, Sec. 153B, Sec. 292 and Sec. 505 are amended by Act no. 35
of 1969,1 Act no. 25 of 20 052 Act no. 8 of 19253 and Act no 4 of 1898.4 In this
category there are 12 offences punishable with 5 years imprisonment and fine
.There is no either maximum or minimum limit to the fine, but in one case there is
maximum limit to the fine .In this category there are two options to the conviction
court for some offences and to some other offences three options are available.

1 153A Promoting enmity between different groups on 5 years and
grounds of religion race, place of birth, fine
residence, language, etc., and doing acts 3 Years and
prejudicial to maintenance of harmony. fine or both
2 153B Imputations, assertions prejudicial to national Imp. to 5

integration. If committed in lace of public years and
worship etc. fine.
3 212 Harboring offender 5 years and
fine
(3 years and
fine)
4 250 Delivery of coin, possessed with knowledge that 5 years and
it is altered fine
5 253 Possession of Indian coin by person who knew it 5 years and
to be altered when he became possessed fine
thereof.
6 292 Sale etc. of obscene books etc. On the 2nd or
subsequent
1 The Criminal and Election Laws Amemdment Act, 1969.

2 The code of Criminal Procedure Amendment Act, 2005.
3 The Obscene Publication Act, 1925,
4 The Indian Penal code amendment Act, 1898.
246
conviction,5
years imp. or
fine of
Rs.5000/-
7 429 Mischief by killing or maiming cattle, etc., of any 5 years or,
value or any animal of the value of fifty rupees fine or, both.
8 430 Mischief by injury to works of irrigation or by 5 years or,
wrongfully diverting water fine or, both
9 431 Mischief by injury to public road, bridge, river or 5 years and
channel fine or both
10 432 Mischief by causing inundation or obstruction to 5 years, or
public drainage attending with damage fine, or both
11 440 Mischief committed after preparation made for 5 years and
causing death or hurt fine
12 497 Adultery. 5 years and
fine or Both
13 505 False statements, rumors etc. circulated with Imprisonment
intention to cause making or offence against the for 5 years
public peace, If made in place of worship and fine.
Table No: 6 Showing the offences punishable with 5 years imprisonment and fine
or both
7. There is only one offence in Chapter XVI of the Code that is Sec.335
which is punishable with imprisonment of 4 years or fine of Rs.2000/-. Or both.
8. In this category there are 34 offences punishable with 3 years
imprisonment and fine or both and 3 years imprisonment or fine or both .There is
no either maximum or minimum limit to the fine, but in one case i.e,, for Sec. 129
simple imprisonment is provided .In this category there are three options to the
conviction court for some offences both and to some other offences any one
either fine or imprisonment.

1 117 Abetting commission of offence by the 3 Years or fine or
public or by more than ten persons both
2 129 Public servant negligently suffering such Simple imp. of 3
prisoner to escape Years and Fine
3 148 Rioting, armed with deadly weapon 3 years or, fine or
both
4 152 Assaulting or obstructing public servant 3 years, or fine, or
when suppressing riot etc both
5 167 Public servant framing an incorrect 3 years, or fine, or
247
document with intent to cause injury both

6 218 Fraudulently or dishonestly diminishing 3 years, or fine, or
weight or altering composition of Indian both
coin.
7 225 (A) Omission to apprehend, or sufferance of 3 years or fine or
escape, on part of public servant, in cases both
not otherwise, provided for. (simple 2 years
and fine or both
8 233 Making or selling instrument for 3 Years and fine
counterfeiting coin
9 237 Import or export of counterfeit coin 3 years and fine
10 242 Possession of counterfeit coin by person 3 years and fine
who knew it to be counterfeit when he
became possessed thereof
11 246 Fraudulently or dishonestly diminishing 3years and fine
weight or altering composition of coin
12 248 Altering appearance of coin with intent that 3 years and fine
it shall pass as coin of different description
13 261 Effacing writing from substance bearing 3 years, or fine
Government stamp, or removing from Or both.
document a stamp used for it, with intent to
cause loss to Government
14 263 Erasure of mark denoting that stamp has 3 years, or fine or
been used both
15 324 Voluntarily causing hurt by dangerous 3 years, or fine or
weapons or means both
16 332 Voluntarily causing hurt to deter public 3 years, or fine or
servant from his duty both
17 344 Wrongful confinement for ten or more days 3 years and fine
18 347 Wrongful confinement to extort property, or 3 years and fine
constrain to illegal act
19 348 Wrongful confinement to extort confession, 3 years and fine
or compel restoration of property
20 384 Punishment for extortion 3 years or fine or
both
22 404 Dishonest misappropriation of property 3 years and fine
possessed by deceased person at the time
of his death.
23 414 Assisting in concealment of stolen property 3 years, or fine or
both
24 418 Cheating with knowledge that wrongful loss 3 years or fine or
may ensure to person whose interest both
offender is bound to protect
25 419 Punishment for cheating by personation 3 years orfine or
both
26 456 Punishment for lurking house-trespass or 3 years and fine

house-breaking by night
27 462 Punishment for same offence when 3 years and fine
248
committed by person entrusted with or both

custody.
28 469 Forgery for purpose of harming reputation. 3 years and fine
29 484 Counterfeiting a mark used by a public 3 years and fine
servant.
30 485 Making or possession of any instrument for 3 years or fine or
counterfeiting a property mark both
31 487 Making a false mark upon any receptacle 3 years or fine or
containing goods both
32 488 Making use of any such false mark. 3 years or fine or
both
33 498 A Husband or relative of husband of a wife 3 years and fine
subjecting her to cruelty.
34 505 Statements conducting to public mischief. 3 years or fine or
both.
Table NO: 7 Showing the offences punishable with 3 years mp. or fine or both
9. In this category there are 46 offences punishable with 2 years
imprisonment and fine or both and 2 years imprisonment or fine or both .There is
maximum limit to the fine for 7 offences as Rs.1000/-, for eight offences simple
imprisonment is provided .In this category there are three options to the
conviction court like for some offences both and to some other offences any one
either fine or imprisonment .In one case along with these punishments there is
confiscation of the property also provided. In this category maximum fine amount
is fixed to some of the offences asRs.1000/- and all sections did not contain any
minimum limit.

1 135 Abetment of desertion of soldier, 2 years or, fine or both
sailor or airman.
2 136 Harboring deserter 2 years or fine or both
3 144 Joining unlawful assembly armed 2 years or fine or both
with deadly weapon
4 145 Joining or continuing in unlawful 2 years or fine or both
assembly, knowing it has been
commanded to disperse
5 147 Rioting 2 years or fine or both
6 169 Public servant unlawfully buying or Simple imp. for 2 years
bidding for property and fine or both and
249
confiscation of property if
purchased.
7. 170 Personating a public servant 2 years or fine or both
177 Knowingly furnishing false 2 years Imprisonment or
information to public servant. If the fine or both.
information required respect the
commission of an offence etc.
8 203 Giving false information respecting 2 years or fine or Both
an offence committed
9 204 Destruction of document. 2 years or fine or both.
10 206 Fraudulent removal or concealment 2 years or fine or both
of property to prevent its seizure as
forfeited or in execution.
11 207 Fraudulent claim to property to 2 years or fine or Both
prevent its seizure as forfeited or in
execution.
12 208 Fraudulently suffering decree for 2 years or fine or both
sum not due
13 209 Dishonestly making false claim in 2 years or fine or both
Court
14 210 Fraudulently obtaining decree for 2 years or fine or both
sum not due
16 223 Escape from confinement or Simple imp. for 2 years
custody negligently suffered by or fine or both
public servant.
17 224 Resistance or obstruction by a 2 years or fine or both
person to his lawful apprehension
18 225 Resistance or obstruction to lawful 2 years or fine or both( 3
apprehension of another person Years and fine) (7 years
and fine)
19 228A Disclosure of Identity of the victim of 2 years imp. and fine.
certain offences.
20 241 Delivery of coin as genuine, which, 2 years fine - 10 times
when first possessed, the deliverer the value of the coin
did not know to be counterfeit counterfeited or both
21 229 Personation of a juror or assessor 2 years or fine or both

22 254 Delivery of coin as genuine, which, 2 years or fine or 10
when first possessed, the deliverer times of the value of the
did not know to be altered coin
23 262 Using Government stamp known to 2 years or fine or both
have been before used
24 270 Malignant act likely to spread 2 years or fine
infection of disease dangerous to
life
25 295 Injury or defiling place of worship 2 years or fine or both
with intent to insult the religion of
any class
26 304-A Causing death by negligence 2 years or fine or both
250
27 318 Concealment of birth by secret 2 years or fine or both

disposal of dead body.
28 338 Causing grievous hurt by act 2 years or fine
endangering life or personal safety ofRs.1000/- or both
of others
29 343 Wrongful confinement for three or 2 years or fine of
more days Rs.1000/- or both
30 353 Assault or criminal force to deter 2 years or fine
public servant from discharge of his ofRs.1000/- or both
duty
31 354 Assault or criminal force to woman 2 years or fine of
with intend to outrage her modesty Rs.1000/- or both
32 385 Putting person in fear of injury in 2 years or fine
order to commit extortion ofRs.1000/- or both
33 403 Dishonest misappropriation of 2 years or fine Rs.1000/-
property or both
34 422 Dishonestly or fraudulently 2 years or fine Rs.1000/-
preventing debt being available for or both
creditors
35 423 Dishonest of fraudulent execution of 2 years or fine or both
deed of transfer containing false
statement of consideration
36 424 Dishonest or fraudulent removal or 2 years or fine or both
concealment of property
37 427 Mischief causing damage to the 2 years or fine or both
amount of fifty rupees
38 428 Mischief by killing or maiming 2 years or or both
animal of the value of ten rupees
39 451 House-trespass in order to commit 2 years and fine
offence punishable with
imprisonment
40 461 Dishonestly breaking open 2 years or fine or both
receptacle containing property
41 465 Punishment for forgery. 2 years or fine or both
42 483 Counterfeiting a property mark used 2 years or fine or both
for another
43 498 Enticing or taking away or detaining 2 years or fine or both
with criminal intent a married
woman
44 500 Punishment for defamation. 2 years simple imp. or
fine or both
45 502 Sale of printed or engraved 2 years Simple imp. or
substance containing defamatory fine or both
matter.
46 504 Intentional insult with intent to 2 years Simple imp.or
provoke breach of the peace. fine or both
47 506 Punishment for criminal intimidation ,2 years Simple imp or
fine or both
251
Table No:8 Showing the offences punishable with 2 years and fine and with both
or any one.
10. In this category there are 25 offences punishable with one years
imprisonment and fine or both and one years imprisonment or fine or both .There
is no minimum limit to the fine and the maximum is fixed as Rs.1000/- but in 3
cases simple imprisonment is provided .In this category there are three options
to the conviction court for some offences both and to some other offences any
one either fine or imprisonment.
S.No. Section Offence Imprisonment

1 153 Wantonly giving provocation with 1 year or fine or both
intent to cause riot if rioting be
committed if not committed
2. 166 Public servant disobeying law, with Simple 1 year or fine or
intent to cause injury to any person both
3 168 Public servant unlawfully engaging to Simple 1 year or fine or
trade both
4 171(B) Bribery 1 year or fine or both
5 171(F) Punishment for undue influence or 1 year or fine or both
personation at an election
6 190 Threat of injury to induce person to 1 year or fine or both
refrain from applying for protection to
public servant.
7 229(A) Failure by person released on bail or 1 year or fine or both
bond to appear in Court
8 265 Fraudulent use of false weight or 1 year or fine or both
measure
9 266 Being in possession of false weight or 1 year or fine or both
measure
10 267 Making or selling false weight or 1 year or fine or both
measure
11 296 Disturbing religious assembly 1 year or fine or both
12 297 Trespassing on burial places, etc. 1 year or fine or both
13 298 Uttering words, etc., with deliberate 1 year or fine or both
intent to wound the religious feelings
of any person
14 309 Attempt to commit suicide 1 year or fine or both
15 323 Punishment for voluntarily causing 1 year or fine and 100/-
hurt or both
16 342 Punishment for wrongful confinement 1 year or fine or both
17 357 Assault or criminal force in attempt 1 year or fine 1000/- or
wrongfully to confine a person both
252
18 417 Punishment for cheating 1 year or fine or both

19 434 Mischief by destroying or moving etc., 1year or fine or both
a land-mark fixed by public authority
20 498 Enticing or taking away or detaining 1 year or fine 1000/- or
with criminal intent a married woman both
21 482 Punishment for using a false property 1 year or fine or both
mark
22 486 Selling good marked with a counterfeit 1 year or fine or both
property mark
23 489 Tempering with property mark with 1 year or fine or both.
intent to cause injury
24 508 Act caused by inducing person to 1 year or fine or both
believe that he will be
25 509 Word, gesture or act intended to insult Simple imprisonment 1
the modesty of a woman. year of fine or both.
Table NO :9 Showing the offences punishable with one year imp. or fine or both.
11. In this category there are 22 offences punishable with 6 months
imprisonment and fine or both , six months imprisonment or fine or both and six
months imprisonment or fine of Rs.1000/- or both .There is no minimum limit to
the fine. In this category there are three options to the conviction court for some
offences both and to some other offences any one either fine or imprisonment.

1 138 Abetment of act of insubordination by 6 months or fine or
soldier, sailor or airman with both
2 143 Being a member of unlawful assembly 6 months or fine or
with both
3 151 Knowingly joining or continuing in 6 months or fine or
assembly of five or more persons after it with both
has been commanded to disperse
4 178 Refusing oath or affirmation when duly Simple imp. 6 months
required by public servant to make it. or Rs.1000 fine or
both
5 179 Refusing to answer public sen/ant Simple imp. 6 months
authorized to question. or Rs.1000 fine or
both
6 182 False information, with intent to cause 6 months Imp. or
public servant to use his lawful power to Rs.100 fine or both
the injury of another person.
7 183 Resistance to the taking of property by 6 months imp. or
the lawful authority of a public servant. Rs.1000 fine or both
8 269 Negligent act likely to spread infection imp. 6 months or
253
of disease dangerous Rs. 1000 fine or both

9 271 Disobedience to quarantine rule imp. 6 months or fine
or both
10 272 Adulteration of food or drink intended for imp. 6 months or
sale Rs. 1000 fine or both
11 273 Sale of noxious food or drink imp. 6 months or
Rs. 1000 fine or both
12 275 Sale of adulterated drugs imp. 6 months or
Rs. 1000 fine or both
13 279 Rash driving or riding on a public way imp. 6 months or
Rs.1000 fine or both
14 282 Conveying person by water for hire in imp. 6 months or
unsafe or overloaded Rs.1000 fine or both
15 284 Negligent conduct with respect to imp. 6 months or
poisonous substance Rs.1000 fine or both
16 285 Negligent conduct with respect to fire or imp. 6 months or
combustible matter Rs.1000 fine or both
17 286 Negligent conduct with respect of imp. 6 months or
explosive substance Rs.1000 fine or both
machinery Rs.1000 fine or both
pulling down or repairing buildings Rs.1000 fine or both
animal Rs.1000 fine or both
21 291 Continuance of nuisance after injunction 6 months imp. or fine
to discontinue or both
22 294A Keeping lottery office 6 months imp. or fine
or both
Table No:10 Showing the offences punishable with one year imp.or fine or both.
12. In this category there are 9 offences punishable with 3 months
imprisonment and fine or both, 3 months imprisonment or fine or both and 3
months imprisonment or fine of Rs,500/- or both .Two offences defined under
Sec.171,Sec. 491 provided with thee months imp .or fine of Rs.200/-or both.
There is no minimum limit to the fine, but there is maximum to fine and
imprisonment .In this category there are two options to the conviction court.

1 140 Wearing garb or carrying token used by 3 months or fine
soldier, sailor or airman Rs.500 or both
2 171 Wearing garb or carrying token used by 3 months or Rs.200
public servant with fraudulent intent or both
3 180 Refusing to sign statement 3 months or fine
254
Rs.500 or both
4 186 Obstructing public servant in discharge 3 months or fine
of public functions Rs.500 or both
5 294 Obscene acts and songs 3 months or fine
Rs.500 or both
6 352 Punishment for assault or criminal force 3 months or fine
otherwise than on grave provocation Rs.500 or both
7 426 Punishment for mischief 3 months or fine of
Rs.500 or both
8 447 Punishment for criminal trespass 3 months or fine
Rs.500 or both
9 491 Being bound to attend on or supply the 3 months or fine of
wants of helpless person. Rs.200,or both
Table NO:11 Showing the offences punishable with three months imp.or fine of
Rs.500 or both.
13. In this category there are 6 offences punishable with one month
imprisonment and fine or both , one months imprisonment or fine or both and
one months imprisonment or fine of Rs.500/- or both .There is no minimum limit
to the fine, but there is maximum to fine and imprisonment .In this category all
are punishable with simple imprisonment. There are three options to the
conviction court for some offences both and to some other offences any one
either fine or imprisonment.
S.No Section Offence Punishment

1 173 Preventing service of summons or Simple imp. 1 month or
other proceeding or preventing fine Rs.500 or both.
publication thereof (6 months ,Rs.1000 or
both
2 174 Non-attendance in obedience to an Simple imprisonment for 1
order from public servant month or Rs.500 fine or
both.
(6 months.Rs.1000/- or
both)
3 175 Omission to produce document or Simple imp. 6 month or
electronic record to public servant fine Rs.1000orboth.
by person legally bound to produce (6 months ,Rs.1000 or
it both
4 176 Omission to give notice or Simple imp. 1 month or
information to public servant by fine Rs.500 or both
person legally bound to give it (6 months ,Rs,1000 or
255
both
5 188 Disobedience to order duty Simple imprisonment for 1
promulgated by public servant month or Rs.200 fine or
both.
(6 months, Rs.1000/- or
both}
6 187 Omission to assist public servant Simple imprisonment for 1
when bound by law to give month or Rs.200 fine or
assistance. both.
(6 months, Rs.1000/- or
both)
TableNo:12 Showing the offences punishable with one month .imp or fine of
Rs.500/-or Imprisonment of one month or 200 fine or both.
14. In Indian Penal Code there are 9 offences which are punishable with fine
only. In this category maximum limit prescribed to some offences but there is no
minimum limit to all the offences. There are two offences under Sec. 155 and 156
provided with fine without any limit.

1 154 Owner or occupier of land on which an Fine up to
unlawful assembly is held Rs.1000/-
2 155 Liability of person for whose benefit riot is Fine
committed
3 156 Liability of agent of owner or occupier for Fine
whose benefit riot is committed
4 171-H Illegal payments in connection with an Fine up to
election Rs.500/-
5 171-1* Failure to keep lection accounts Fine up to
Rs.500/-
6 263-A2 Prohibition of fictitious stamps Fine up to
Rs.200/-
7 290 Punishment for public nuisance in cases not Fine up to
otherwise provided for Rs.200/-
8 489E3 Making or using documents resembling Fine up to
currency-notes or bank-notes Rs.100/-
9 490 Breach of contract of service during voyage Fine up to
or journey. Rs.200/-
1 The Indian Elections Offences and Inquiries Act,1920( 39 of 1920)
Through this amendment the new chapter 9A with the title of offences relating to Elections is added to
Indian Penal Code by inserting new sections from 171A to 171-1 expanding the scope of Sec.171
Inserted by the Indian Criminal Law Amendment Act 1895 ( 3 of 1895).
3 Ins. by The Indian Penal Code (Amendment) Act 1943 ( 6 of 1943).
256
Table NO: 13 Showing the offences punishable with fine only.

According to Sec.67 of the Code if the offence is only punishable with fine,
in default of payment of fine the punishment shall not shall not over look the
following scale;
1. If fine amount is Rs.50-00,in default the imprisonment shall be two months or
less,
2. If fine amount is Rs.100-00,in default the imprisonment shall be four months or
less,
3. If fine amount is more thanRs.100/-,in default the imprisonment shall be six
months or less,
This scale is very old as the amount and above said appropriate
imprisonment is not at all suitable to the present society. Due to this restriction
the Courts which acts with in the boundaries, could not impose proper
punishment to the offenders of this category. As for this scale Rs.25/- is equal to
one day imprisonment.
15. In Indian Penal Code misconduct of a drunken person in public is an
offence u/s.510 punishable with simple imprisonment for a term which may
extend to 24 hours or with fine which may extend to Rs.10/-or both.
This is the only one section which is punishable with least punishment in the
entire Code. The punishment of this section alone is enough to say that the
punishments in the Code have to be reshuffled.
4.2.8. Re-grouping of similar sections
In Indian Penal Code there are several similar offences denoted by a
separate sections. Those offences can be re-grouped by giving one section and
one punishment for set of similar offences. This kind of arrangement diminishes
257
the complication regarding the attribution of punishments and lessens the un
necessary bulkiness of the Code .All the sections are arranged as 34 sets basing
on their similarity in nature and mentioned in the following table.
S.NO: OFFENCE RELATED SECTIONS

1 Abetment of mutiny and its related Sec. 131 to 135
offences
2 intentional omission to apprehend Sec. 22land Sec.222
3 Resistance or obstruction Ss. 224, 225 and 225 (b);
4 Counterfeiting coin Ss. 231 and 232.
5 Making or selling instrument for Ss.233 and 234
Counterfeiting coin
6 Import and export of Counterfeiting coin Ss. 237 and 238
7 Delivery of coin knowing that it is Ss. 239, 240 and 241.
counterfeit
8 Possession of Counterfeit Coin Ss. 242,243 and 244.
9 Fraudulently or dishonestly diminishing Ss. 246 and 247.
the weight or composition of coin
10 Altering the appearance of the coin Ss. 248 and 249.
11 Delivery of coin knowing it as altered Ss. 250 and 251
12 Possession of coin knowing it as altered Ss. 252 and 253
13 Counterfeiting the Government Stamp Ss. 255 and 263A
and Prohibition of fictitious stamps
14 Fraudulent use of false weights and Ss. 264 to 267
Measures.
15 Negligent conduct with respect to 284 to 289.
different things
16 Sale etc., of obscene books and objects Ss. 292 to 293.
17 Miscarriage Ss. 312 and 313
18 Causing hurt and its related offences Ss. 324 327, 328, 330, 332,
334 and 337.
19 Various forms of grievious hurt. Ss. 325, 329, 326,331, 335
and 338.
20 Wrongful confinement and its related Ss. 343 to 348.
258
offences.
21 Different forms of Assault Ss. 352 to 358.
22 Kidnap Ss. 359 to 361
23 Offences relating to kidnap Ss. 364, 365, 366, 367 and
369.
24 Theft related offences Ss. 380 to 382
25 Offences relating to Extortion Ss 385 to 389.
26 Misappropriation of property Ss. 403 and 404
27 Criminal Breach of Trust Ss. 406 to 409,
28 Offences relating to stolen property Ss. 411 to 414
29 Different forms of Mischief Ss. 426 to 437 and S. 440,
30 Different kinds of tresspasses Ss. 442 to S.460
31 Forgery related offences Ss. 464 to 471
32 Offences relating to counterfeit Ss. 472 and 473,
33 Counterfeit device or mark Ss. 475 and 476,
34 Property mark and its related offences. Ss. 478 to 483, S. 485, S.486
and S. 489
Table No: 14 Showing the arrangement of similar offences as sets
If such regrouping1 is done, in some cases the punishments prescribed
have to be re-examined and one punishment have to be laid done for that group
of offences. For example Sec. 427 provides the punishment of two years
imprisonment of either description, or fine or both, for mischief causing loss or
damage to the amount of Rs.50/- Section 428 provides the punishment of
imprisonment of either description of two years or fine or both for mischief by
killing, poisoning, maiming or rendering useless any animal or animas of the
value of ten rupees or upwards, while S. 429 prescribes the punishment up to five
years’ imprisonment of either description, or fine, or both, for the offence of
1 Chandrasekaran Pillai, K.N. Essays on the Indian Penal Code.p.37 335 to337.
The Indian Law Institute 2005.

259
mischief by killing, poisoning, maiming or rendering useless, an elephant, camel,
horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any
other animal of the value of Rs.50/- or upwards. Then S. 430 prescribes the
punishment of five years’ imprisonment of either description, or fine, or both, for
mischief by doing any act which causes, or which he knows to be likely to cause,
a diminution of the supply of water for agricultural purposes, or for food or drink
for human-beings or for animals which are property or for cleanliness or for
carrying on any manufacture. Similarly S. 431 prescribes imprisonment of either
description for a term which may extend to five years, or fine or both for mischief
by doing any act which renders or which he knows to be likely to render any
public road, bridge, navigable river or navigable channel, natural or artificial
impassable or less safe for traveling or conveying property. S. 432 prescribes the
punishment for the mischief by doing any act which causes or which he knows to
be likely to cause an inundation or an obstruction to any public drainage attended
with injury or damage. S. 433 prescribes seven years’ imprisonment of either
description, or fine, or both for mischief by destroying or moving any light house
or other light used as a sea-mark, or any sea-mark or buoy or other things placed
as a guide for navigators, or by any act which renders any such light house, sea
mark, buoy or other such things as aforesaid less useful as a guide for
navigators.
S. 434 prescribes one year’s imprisonment of either description or fine or
both for mischief by destroying or moving any land-mark fixed by the authority of
a public servant, or by any act which renders such land-mark less useful as such.
Then S. 435 prescribed seven years’ imprisonment of either description and also
fine, for mischief by fire or any explosive substance intending to cause, or

260
knowing it to be likely that he will thereby cause, damage to any property to the
amount of one hundred rupees or upwards or where the property is agricultural
produce ten rupees or upwards. Then in S. 436, life imprisonment or
imprisonment of either description up to ten years and fine is prescribed for
mischief by fire or any explosive substance, intending to cause or knowing it to be
likely that he will thereby cause the destruction of any building which is ordinarily
used as a place of worship or as a human dwelling or as a place for the custody
of property. S. 437 prescribes ten years’ imprisonment of either description and
fine for mischief to any decked vessel or any vessel of a burden of 20 tons or
upwards, intending to destroy or render unsafe, or knowing it to be likely that he
will thereby destroy or render unsafe, that vessel. Then finally, S. 440 prescribes
five years’ imprisonment of either description or fine for mischief, having made
preparation for causing to any person death, or hurt or wrongful restraint. In these
circumstances the legislature can either provide one maximum punishment for all
the above mentioned kinds of mischief in the one section or provide two or more
punishments depending upon the gravity of the offence.
S.No. Section of the IPC Imprisonment Fine
1 Sec. 187 One month Imp. Rs. 200
2. Sec. 175,176,173 etc., One month Imp. Rs. 500
3. Sec. 171,491,etc., Three Months Rs, 200
4. Sec. 180,186, etc., Three Months Rs. 500
5. Sec. 174, 181 Six Months Rs. 500
6. Sec. 342, 357 One Year Rs. 1000
7. Sec. 354,385,403 etc., Two Years Rs. 1000
8. Sec. 292 Five Years Rs. 5000

261
Table No: 15 Showing in the difference between fine and imprisonment
The above table clearly indicates that there is no meaningful
proportionality to the fine and imprisonment which are provided for various
offences in Indian Penal Code.
4.3. Criminal Law of England
In England till the period of Norman conquest there was no true criminal
procedure. The earliest methods of conducting a law suit adopted by Royal
Courts from the practice of local courts, involved Almighty. The plaintiff was
required to state his claim in the appropriate form. The defendant would make a
formal denial of the claim.
In United Kingdom there is no specific code to define offenses and
prescribe punishments. . In the first eighty years of the twentieth century there
were only four statutes entitled Criminal Justice 1948, 1967, and 1972. The rate
of change increased with Criminal Justice Acts in 1982,1988,1991, major piece of
criminal legislation in each year since 1994: Criminal Appeal Act 1995, Criminal
Proceedings Investigations Act 1996, Crime (Sentences) Act 1997, Crime and
Disorder Act 1998, and the Youth Justice Evidence Act 1999.
The criminal law of the England is that branch of public law which relates to
offences that may be the subject of criminal proceedings instituted for the
punishment of the offender1.
Huntington vs. Attrill2. Any Act or omission which may be the subject of
such proceedings is a criminal offence3. There has not been codification of
criminal law in England and there have been attempts at codification by Royal
1 Burdett vs. Abbot [ 1811] 14 east at p.162

2 (1893) A.C.150.
3 Horse Field Vs. Brown (1932) 1 K.B. at P.367,
262
Commission in 1844, later James Stephen vigorously fought for codification. In
1878,1879 and 1880 Bill was introduced in Parliament. In 1989 a Criminal Code
of England and Wales was published1.
The criminal law in England is not as is the case in some countries
contained in a single code promulgated by a legislative body. It is on the
contrary, a conglomerate mass of rules based upon the ancient common law of
England as modified and extended by the authoritative decisions of the judges in
the long passage of history, and vastly enlarged by the addition of statutory
enactments made by parliament from time to time, to meet the needs of the
moment. Statutes also are either declaratory of the common law, or remedial of
some defects therein.
4.3.1. Ancient Penal Law of England
The penal Laws grew out of the English Reformation and specifically from
those acts that established royal supremacy in the Church of England in the
reigns of Henry VIII and Elizabeth-I. Under Henry VIII and Edward VI civil
disabilities were imposed on those who remained in communion with Romans,
those denying the king’s spiritual headship. Elizabeth I make it impossible for
Catholics to hold civil offices and imposed severe penalties upon Catholics who
persisted in recognizing papal authority. Fines and prison sentences were
prescribed for all who did not attend Anglican services, and the celebration of the
Mass was forbidden under severe penalties.
The excommunication of Elizabeth by Pope Pius V, the Catholic plots to
place Mary Queen of Scots on the English throne, and the attempted Spanish
invasion by the Armada roused the government and public opinion to an intensely
1 http:// freepages.genealogy.rootweb.ancesty.com)
263
anti-Catholic pitch, and the Penal Laws were extended. Prisons in England during
the 18th century were filthy and overcrowded. They were unruly places where
prisoners often were herded together with no privacy. Prisoners had to provide
their own food, and had little access to fresh water. They had to pay the gaoler
for every service, even for putting them in irons as a punishment. Those who had
no money were forced to beg from local people passing the prison. There was
no protection against other prisoners. Those who caused most trouble were
shackled in irons or whipped. Prisoners could be released early if they behaved
well, as long as they were not in debt.

264
4.3.2. Crime and Punishment in Elizabethan England
When Queen Elizabeth I assumed the throne of England in 1558 she
inherited a judicial system that stretched back in time through the Middle Ages to
the Anglo-Saxon era. The concept of incarcerating a person as punishment for a
crime was a relatively novel idea at that time. Most prisons were used as holding
areas until trial and subsequent sentencing. Trials were skewed in favor of the
prosecution, for example, defendants accused of a felony or treason were not
allowed legal counsel. Justice was usually swift and often brutal .William Harrison
set himself the task of chronicling everyday life in Renaissance England during
the late 1500s. Among his observations he included an overview of crime and
punishment
4.3.2.1. Varying Punishment for Commoner and Nobility
In there was a practice of treating the offenders differently basing on the
social status in ancient days. There were very sever punishments were in
practice in those days. For instance if any body commits the offence of trespass,
they have to be suffered to hang till they be quite dead as a punishment. When
ever any of the nobility are convicted of high treason by their peers, that is to say,
this manner of their death is converted into the loss of their heads only. In trial of
cases concerning treason, felony, or any other grievous crime not confessed, the
party accused doth yield, if he be a noble man, to be tried by his peers, if a
gentleman by gentlemen; and an inferior, by God and by the country, condemned
of felony, manslaughter, etc., he is hanged by the neck till he be dead, and then
cut down and buried. But if he be convicted of willful murder, done either upon
pretended malice or in any notable robbery, he is either hanged alive in chains

265
near the place where the act was committed or else upon compassion taken,
first strangled with a rope and so continue till his bones consume to nothing.
When willful manslaughter is perpetrated, beside hanging, the offender his right
hand commonly stricken off before or near unto the place where the act was
done, after which he is led forth to the place of execution, and there put to death
according to the law.
4.3.2.2. The Greatest Punishment
The greatest and most grievous punishment used in England for an
offence against the State is drawing from the prison to the place of execution
upon an hurdle or sled, where they are hanged till they be half dead, and then
taken down, and quartered alive, after that, their members and bowels are cut
from their bodies, and thrown into a fire provided near hand and within their own
sight.
4.3.2.3. Imprisonment in the 18th century
There was no protection against other prisoners. Those who caused
most trouble were shackled in irons or whipped. Prisoners could be released
early if they behaved well, as long as they were not in debt.
In ancient days of England the prisoners were uncomfortably lodged, their
gaolers treated them roughly, their companions were criminals; sometimes they
were kept in solitary confinement, occasionally they were put in chains. They
were subjected to lengthy interrogation, even under torture, to extract from them
information about fellow Catholics. When brought to court for trial the dice was
loaded against them. They had little chance of being acquitted unless they <
266
agreed to renounce their faith and conform to the Established Church. Finally
there was the terrible suffering of execution, carried out in public in the presence
of a mostly hostile crowd, particularly brutal when the victim had been
condemned for treason and was cut down alive and then disemboweled and
quartered.
The martyrs went to their deaths bravely, often joyfully blessing God for
the privilege he was about to confer on them. Many of the priests addressed the
people from the scaffold, proclaiming their priesthood and asserting that they laid
down their lives willingly for the Catholic faith. Their heroic perseverance to the
end, their readiness to make the supreme sacrifice of life itself for their beliefs,
must surely be an example and an inspiration for all Christians and indeed for all
people of goodwill.
4.3.2.4. Types of Punishment during the 19th century in England
During the 18th century the number of crimes punishable by death rose to
about 200. Some, such as treason or murder were serious crimes, but in other
cases people could be sentenced to death for minor offences. For example, the
death sentence could be passed for picking pockets, stealing bread or cutting
down a tree. These were the kinds of crime likely to be committed by those in
most desperate need.
In 1823 Sir Robert Peel reduced the number of offences for which convicts
could be executed by over 100, Lord John Russell abolished the death sentence
for horse stealing and house breaking in 1830.Any one can notice in the date file
that often the death of the prisoner was recorded after the guilty verdict, but the
actual sentence was transportation or imprisonment. This happened by the start

267
of the 19th century because the magistrates felt that the compulsory death
sentence was too harsh. For about 60% of capital offences they recorded that it
had been carried out, then gave a less serious punishment. Between 1801 and
1837, 13 executions took place in Bedford, but between then and 1878 there
were only 4.The prominent punishments which were in vogue are sending the
offenders to the Armed forces, Transportation, and Imprisonment on the Prison
Hulks.
i. Sending to the Armed forces:
In time of war it was often difficult to recruit, especially to the navy, as
people knew how hard the conditions were on board ship. Some prisoners were
therefore sentenced to serve in the forces. Other prisoners were occasionally
sent to the forces part of the way through their sentences.
ii. Transportation:
During the 18th century the government had started to send prisoners to
penal colonies, at first in America, for a fixed period, usually seven years, or for
life. This was stopped when the American War of Independence broke out in
1775. The government then began sending people, both men and women, to
new penal colonies in Australia. Over the years, about 160,000 people were
sent, both men and women, sometimes as young as nine years old. Many died
on the journey, which took between four to six months If they survived, they were
set to work as servants or labourers fort the settlers.
Those who worked hard were sometimes able to save money to set
themselves up as settlers of to return home to Britain. If convicts continued to
cause trouble in Australia, however, they were sent to the penal settlements.
There they were forced to work from dawn to dusk at backbreaking tasks. If they
268
disobeyed or tried to escape, they were whipped, chained in irons or sometimes
executed.
Transportation became very expensive, and so the government looked for
cheaper solutions to the criminal problems at home. Also, legal settlers in
Australia resented having the prisoner sent to them. The government
remembered the rebellion of the American colonies, and decided to end the
system. The last transportations, took place in 1868, but only a small proportion
of prisoners had been sent to Australia since gold was discovered there in 1851.
iii. Imprisonment on the Prison Hulks:
The hulks were old sailing ships at Portsmouth harbour or on the Thames
at Woolwich, originally used as holding prisons for people waiting to be
transported. The rise in crime at the end of the French Wars caused a shortage
of prisons, and so the hulks were more and more used to house ordinary
prisoners. At one point over two thirds of all prisoners were on the hulks.
Conditions in them were terrible during outbreaks of disease such as cholera
large numbers of prisoners died because of the bad sanitary conditions on board
and the taking of water for all purposes from the polluted Thames. Prisoners
were chained to their bunks at night to prevent them from slipping ashore. During
the day most of them worked ashore, usually hard labour The last of the hulks
was burnt in 1857, but they had been less and less used in the ten years. This,
along with the end of transportation, caused problems locally, as the Bedford
authorities thought that the transportation and prison hulks would always be there
to take surplus prisoners, and so they built the gaol too small for the number of
local criminals.
269
4.3.3. Criminal Law of England - Stephen’s Codes'!877
James Fitzjames Stephen served in India as law member of the governor
general’s council in 1869. He involved in the revision of the Criminal Procedure
Code and the passing of the Indian Evidence Act ad tract Act of the same year.
He was much impressed by the Penal Code. In 1901 Courtney Libert, the
principal government draftsman, lamented that “it was impossible to view degree
of humiliation, the entire cessation during recent years of any effort to improve
the form of empathy with which that cessation has been regarded. He observed
that the lack of a criminal procedure produced practical and substantial
inconveniences. Revised versions of Stephen Codes adopted in Canada, New
Zealand, Queensland, Western Australia, many of the British territories in
England, Cyprus, and Palestine and proved quite satisfactory.
4.3.4. Common Law and Statutory Offences
An offence may be indictable either at common law or by Statute.
Common Law criminal offences consist of such actions and omissions as by
common custom have from early times been considered as of a criminal
character. The definitions of criminal offences of this kind are to be found in a
long series of judicial decisions commencing from the time of the itinerant
justices, to whose declarations of the common custom is due the creation of the
common law. Those which remain at the present time are very few in number
and their punishments and consequences are in most cases now governed by
Statute.
In the case of an act or omission which is already indictable at common
law, a statute prescribes a new mode of proceeding or punishment, without

270
altering the quality of the offense, the new mode is alternative, and the offender
may still be indicated at common law.
4.3.5. Criminal Justice Systems in England
The CJS is one of the major public services in the country. Across the CJS
agencies such as the police, the Crown Prosecution service, the courts and the
National Offender Management Service work together to deliver criminal justice.
The work of these agencies is overseen by three government departments: the
Ministry of Justice, the Home Office and the Attorney General’s office.
In the United Kingdom there are three separate criminal justice systems,
one each for Scotland, North England and Wales. The history of legislative
reform in the field helps to illustrate the growing interest in criminal justice. In the
first eighty years of the twentieth century there were only four statutes entitled
Criminal Justice. The rate of change increased with Criminal Justice Acts in 1982,
1988,1991. The major piece of criminal legislation in each year since 1994:
Criminal Appeal Act 1995, Criminal Proceedings Investigations Act 1996, Crime
(Sentences) Act 1997, Crime and Disorder Act 1998, and the Youth Justice
Evidence Act 1999.The criminal justice system in England and Wales has
evolved over a considerable period of time through and traditional and modern
institutions, agencies, and procedures. The main features of this system will be
followed by more detailed descriptions of policing and prosecutions, criminal
courts, sentencing and the governmental and administrative context of criminal
justice.
In the United Kingdom there is no penal code. The sources and
interpretation of the criminal laws are individual Acts of Parliament and decisions
271
by judicial bodies, in particular the Court. Increasingly, decisions of the European
Court of Justice have an influence on the operation of the criminal justice system
in the states of the European Union, including the United Kingdom. The definition
of many criminal offenses can be found in statutes. New laws introduced as bills
need to accept to place before House of Commons and the House of Lords
before they become Acts of Parliament. Thus the definition of theft maximum
punishment for it is defined in the Theft Act 1968. The other principal source of
criminal law which derives not from legislation but from what originally were the
customs of the people, these were the basis of decisions made by judges in
individual case. Murder and manslaughter, for instance, are common law
offenses. The punishments for these two offenses are also set out in Statutes1.
4.3.6. Sentencing Process in England
In England, the sentencing process has been a judicial-
determination of the appropriate punishment for a specific crime, but extensive
changes in judicial power have taken place in the last century.. In early days
when a judge sentenced an offender for 10 years imprisonment, there was almost
a certainty that the offender would serve 10 years to the day. But with the
increased use of the administrative forms of ‘sentence shortening’- such as ‘good
‘conduct’ and holiday benefits, pardon, parole and clemency. In fact, now-a-days,
there is no co-relation between the judges’ sentence and the actual period of
imprisonment in jail.
The English sentencing courts have now, generally accepted the concept of
indeterminate sentence, which grants discretion to the correctional administrator in
1 Homicide Act 1957

272
individualizing programmes for the individual offenders1. The sentence imposed
by the English Courts, is a statement of the maximum length of time for which the
prisoner can be detained.
4.3.7. Offences and Punishment in U.K.
In United Kingdom there is no specific code to define offenses and
prescribe punishments. The criminal law of the England is that branch of public
law which relates to offences that may be the subject of criminal proceedings
instituted for the punishment of the offender2. Any Act or omission which may be
the subject of such proceedings is a criminal offence.3 In United Kingdom each
offence is defined and prescribed punishment by a separate Statute.
Under English law, the view which formerly prevailed was that a person
cannot be held liable for an attempt to do the impossible4. In Collins case5, R.V
M’Pherson5 ,R.V. Dodd6 the court declared that the attempt to steal from empty
pocket was not held to be an attempt. This line of decision was overruled in R v
Brown7 and finally in R v Ring8 wherein it was laid down that impossibility of
performance does not Per se render the attempt of guiltless. Punishment was
both arbitrary and harsh with the emphasis being very much on the physical
body. This was because the bulk of the population possessed little else on which
the power to punish could be usefully exercised .Moreover, the law was
1 Rupert cross, ‘The English sentencing system’,(1975) 145-50, Vetter, H.G. and Simenson, C.E., ‘Criminal
Justice System in America- The system-The process’ (1976) 229.
2 Burdett vs. Abbot [ 1811] 14 east at p.162); Huntington vs. Attrill (1893) A.C.150
3 Horse fileld Vs. Brown (1932) 1 K.B. at P.367.
4 (1864) 168 E R 1477.
5 (1857), 7 Cox 281;

6 (1868) L.T.(N.S.) 89.
7 R v Brown,(1889) 24 Q B D 357.
8 (1892) 17 Cox 491.
273
predominantly applied to those many poorer members of society who were not
part of the aristocracy.
From the seventeenth to the early eighteenth century the English ruling
class or aristocracy sought to protect their property interests through the exercise
of the criminal law. Thus, a vast number of property crimes came to be punished
by death in accordance with a body of legislation enacted during that period and
which later came to be known as the ‘the bloody code’. Furthermore, capital
punishment was administered en masse and in public with the intention that this
visual display would strike fear into the hearts of potential miscreants and thus
deter them from offending. Hanging was the standard form of execution and the
typical punishment for offences ranging from murder to stealing turnips, writing
threatening letters or impersonating an outpatient of Greenwich Hospital1
.By1800 there were more than 250 such capital offences. The form of
punishment now permitted by law are death, imprisonment, fine, and, chiefly
in the case of juvenile offenders, detention in approved schools. The penalty
of death is now practically abolished.
The criminal Justice Act, 1948, C.58,s. I (i) abolished the punishment of
penal servitude, which had been created on 1853 7 to take the place of
transportation. The Act also abolished the punishment of imprisonment with hard
labour, Sec. 1(2) So that there is only one form of imprisonment for crime, the
distinctions between imprisonment in the first, second, or third divisions having
also been removed And now by virtue of the Criminal Justice Act, c.39, SS. 2, 3
and 4, no. court may impose imprisonment on a person under seventeen years
1 Radzinowicz,1948.
274
of age for those offenders within the limits of age1 who are qualify for a sentence
of Borstal training no court may exceed a sentence of six months imprisonment,2
but even so the court must not impose this punishment on a person under
twenty-one unless it thinks that no other method of dealing with him is
appropriate. The cumulative effect of the Acts from 1948 to 1961 is that if a
prisoner between fifteen and twenty-one is held to ‘deserved punishment’ the
court can only pass a sentence either of imprisonment of six months or less, or of
three years.
4.3.8. The Classification of Crimes
The Criminal Law Act 1967 divided the crimes historically into three
categories: treason, felonies and misdemeanors in descending order of
seriousness. Each class had special rules of procedure appropriate to it and
certain rules of substantive law peculiar to it.
While making, as has been seen, a new distinction between arrestables
and other offences the C.L.A. abolished the dichotomy between felonies and
misdemeanors and made the law and practice relating to all offences that which
had previously been applicable to misdemeanors. Treason still remains in a
category of its own, the essence of the offence being a breach of that allegiance
due to the Crown from every person under its protection. Sectionl of the
Criminal Law Act 1967, however, abolished all distinctions between felony and
misdemeanor, and provided that from January 1, 1968, the law and practice in
relation to felonies should be the law and practice relating to misdemeanors. The
expression “ felony” is no longer used. The expression “ misdemeanor” although
1 between fifteen to twenty one years

2 generally and in special cases or in certain serious cases, three years
275
still in use in certain isolated instances1. It is to all intents and purposes obsolete
and is replaced by the expression” indictable offence” which is found in modern
statutes.
4.3.9. Indictable and Summary Offences
Subject to one exception all criminal offences are either tried on
indictment, that is by a jury at the Crown Court or summarily, that is in a
magistrates court. A criminal offence may be indictable either at common law or
by statute, but no matter is cognizable by a magistrates court unless expressly or
impliedly made so by statute.
Section 2 of the Criminal Law Act 1967 created a new category of offence
known as “an arrestable offence.” An arrestable offence is an offence for which
the sentence is fixed by law or for which a person may under or by virtue of any
enactment be sentenced to imprisonment for a term of five years.
4.3.10. Nature of Punishments

Sentence of death may be pronounced2 only on conviction for treason,
and offences against section2 of the Piracy Act 1837. Sentence of death cannot
be pronounced on a person convicted of such offences if it appears to the court
that at the time when the offence was committed he was under the age of
eighteen years nor upon a woman found to be pregnant. The powers of a
magistrates’ court to impose sentences of imprisonment are limited by statute.
The minimum sentence of imprisonment which may be passed by a magistrates’
1 Indictments Act 1915.S.4.

2 in the case of persons not being subject to military, naval or air force law
276
court is one of five days, the maximum sentence depends upon the class of
offence.
A magistrates’ court may not impose a sentence of imprisonment on any
person under seventeen years of age.1 By Section 17(2) of the Criminal Justice
Act 1948, the court may not impose a sentence of imprisonment on a person
under twenty-one years of age unless there is no other appropriate method of
dealing with him. The maximum period of imprisonment depends upon the statute
creating the offence, but the court may reduce the period prescribed unless the
statute, being one passed after 1879, expressly provided to the contrary2. The
Crown Court may not sentence a person to more than the maximum term
provided by the statute creating the offence, unless that person is a persistent
offender who may, in certain circumstances be liable to an extended sentence.
The Criminal Justice Act 1967 gave courts the power to suspend a
sentence of imprisonment. By Section 39 of that Act, a court which passes a
sentence of imprisonment for a term of not more than two years may order that
the sentence shall not take effect unless, during a period specified in the order2
being not less than one year and not moire than two years from the date of the
order, the offender commits in Great Britain another offence punishable with
imprisonment, and thereafter a court having power to do so orders that the
original sentence shall take effect.
4.3.11. Extended Sentences for persistent offenders
Section 37 of the Criminal Justice Act 1967 abolished preventive detention
and corrective training. Instead, a person who has committed an offence and
1 Magistrates’ Court Act 1952.S.107

2 called the “operational period”
277
who has shown that he is a persistent offender may, in certain circumstances, be
sentenced to a term extended beyond the term which the judge would have
imposed if the section had not been enacted1 Section 37(2) provides that where
an offender is convicted on indictment of an offence punishable with
imprisonment for a term of two years or more and the conditions set out below
are satisfied, then, if the court is satisfied by reason of his previous conduct and
of the likelihood of his committing further offence, that it is expedient to protect
the public from him for a substantial time, the court may impose an extended
term of imprisonment. It has been said2 that the whole object of an extended
sentence and the protection of the public is to be found not merely in the length of
the sentence imposed, but also in the licensing provisions contained in the Act3
Section 7(3) of the criminal Law Act 1967- There is no statutory limit to a common
law fine, except the provisions of Magna Carta and the Bill of Rights against
excessive fines4.Section 8 deals with Fines After Summary Conviction and
Enforcement of All Fines.
A magistrates’ court, trying a person summarily for an indictable offence under
section 19 of the Magistrates’ Courts Act 1952, may sentence him to a maximum
fine of £400. In the case of a young person the limit is £50, in the case of a child
£10.The maximum fine depends upon the statute creating the offence, but the
court may reduce any fine prescribed by statute unless the statute expressly
provides to the contrary and was passed after 18795. Moreover, whenever a
court has power under any Act passed after 1879 to sentence an offender to
1 D.P.P. v. Ottewell (1970) A.C.642

2 R.V.Goody (1970) 54 Cr.APP.R.328
3 i.e. in Sec. 59
4 Sec.also R.V.Morris (1951) 1 K.B.394
5 Magistrates’ Court Act 1952 s.27(1)
278
imprisonment for an offence punishable on summary conviction, it may, though
not given authority under the particular Act, impose, instead of imprisonment, a
fine not exceeding £1001 as amended by the Magistrates’ Courts Act 1957,s.5.
A Magistrates’ court may allow time for payment or may order payment by
installments2. Where time for payment has been allowed, the court may, if so
requested, allow further time or order payment by installments3.
4.4. Penal law of America
Law and Order is a powerful conservative theme in U.S.A. In this country
all the offences are devided into mainly two types. All the serious offences are
called as felonies and other offences are called as misdemeanours.The Federal
Government and many States of America defines the felony as a crime
punishable with death or imprisonment in excess of one year. If punishable
exactly one year or less is classified as a misdemeanour. Under the early
common law,the crimes involved moral turpitude are classified as felons, but
later the crimes did not involve moral turpitude also included in the definition of
felony. Broadly the felonies can be categorized as either violent or non violent
offences. Some offences though similar in nature may be felonies or
misdemeanors defending on the circumstances. In some States felonies are also
classified as class A,B, etc. according to their seriousness and punishment. The
felons can receive punishment of life imprisonment, execution to premeditated
murder or other serious crimes. In many parts of the country a convicted felon
has to face long term legal consequences.
Ibid s.27 (3)

2 bid. s.63 (1).
3 Ibid.s.63 (2)
279
In addition to fines and imprisonment, the federal government and some
States begun to seek the forfeiture of property used in the commission of offence
or gained through criminal activity. In a number of cases, courts have even
allows government to seize the property of persons who were not charged with
any crime.
4.4.1. Early Criminal Justice System of U.S.A.
The Anglo-Saxon system of maintaining public order was a private system,
since the Norman conquest lead by a constable, which was based on a social
obligation for the good conduct of the others, more common was that local lords
and nobles were responsible to maintain order in their lands, and often appointed
a constable, sometimes unpaid, to enforce the law. Also the ancient Romans
played a huge rule in the criminal justice system of America. Even the toga
symbolizes the wig a magistrate wears to enforce the law and defend the
interests of the United States according to the law, to ensure public safety against
threats foreign and domestic, to provide federal leadership in preventing and
controlling crime; to seek just punishment for those guilty of unlawful behavior
and to ensure fair and impartial administration of justice for all Americans.
4.4.2. Punishments in colonial America
The colonial America for all the crimes the colonists committed, there were
plenty of punishments which were public and in which heavy use of shame and
shaming was included. Through the method of shaming, the criminal justice
system meant more to teach a lesson that simply punish the offender. The
“criminal” was almost always male. However, punishment for such crimes as
280
witchcraft, infanticide, and adultery fell heavily on the women. In addition, much
of the blame and punishment for crimes was attributed to those in the lowest rank
in society. Whipping was the most commonly used form of punishment,
especially in the south with slaves. Other frequently used punishments were
branding, cutting off ears, and placing people in the pillory. These punishments
were sometimes harsher, depending the crimes committed. In the colonies
executions were a lot less common than back in England. However, when such
a method was going to be used, it was not often a public hanging. Usually capital
offenses, such as murder or rape, or repeated serious offenses constituted a
need for an execution.
Imprisonment was not very common in colonial America since the budding
colonies didn’t have any people to spare in keeping the community in order.
Every person was valuable for their working ability, and losing even one person
was not reasonable on those days. The other citizens in the colony also were not
able to get enough extra money to build a prison and feed prisoners. Since
probation was not yet known to the colonists, they used a system of nods to
guarantee troublemakers would not cause any problems. Courts began to
require many problem-causing people to put up money to make sure they would
stay out of trouble. This system worked especially well in communities where
everyone minded each others’ business.
4.4.3. Sentencing Process in U.S.A
The U.S. conception of punishment is a combination of the utilitarian,
retributive and denunciation theories.The most widely accepted rationale for
punishment in the United States is retribution. The sentence a defendant receives

281
is always, at least in part, a form of retribution. A sentence may, however,
combine utilitarian ideals with retribution Indian legal system shows its adherence
to utilitarian ideals in the creation of systems such as diversion programs. These
systems seek to limit punishment to necessary limit to protect society. The
utilitarian philosophy is also reflected in the assignment of punishments for
different crimes and in the notion that the amount of punishment a convicted
receives should be in proportion to the harm caused by the crime. For example,
the punishment for murder is life imprisonment or even the death penalty. A
simple with no seriousness usually punished with a short jail sentence or
probation and a fine.
The judges generally have the discretion to fashion punishment according
to the needs of both defendant and complainant. This is an expression of
utilitarian tenets. However, there is judicial discretion in sentencing process. In
some cases statutes require judges to impose mandatory minimum prison
sentences as and these laws stand as a monument to the retributive theory. In
the United State of America, the courts award sentence falling under any one of
the categories mentioned below:
(a) Maximum and Minimum sentence fixed by the Court.
(b) Maximum and minimum fixed by the Court, but minimum not to exceed
a certain fraction of maximum.
(c) Maximum fixed by the Statute and minimum by the Court.
(d) Maximum fixed by the Court and minimum by Law.
(e) Statutory maximum minimum to be imposed by the Court.
Increasing use of the discretionary powers of prison management and
correctional authorities tend to restrict the powers of the Sentencing Courts.

282
Further, the Criminal Justice Act, 1967, has considerably decreased the powers
of the Sentencing Courts to deal as they wish with the offenders by its provision
for mandatory suspension of certain short sentences of imprisonment
4.4.4. Change in Penal Philosophy of U.S.A.

The crime rates continued to increase during the middle period of 20th
century and it clearly showed that the crime prevention and rehabilitation
programs had not worked. Critics of the rehabilitation model attempted to show
that high recidivism rates pointed to the failure of rehabilitation programmes.
Robert Martinson and his colleagues published the results of a controversial
study that reviewed 231 evaluations of rehabilitation programs. The evaluations
all ended in the same finding. “The program shows no appreciable effect on
recidivism.” “Nothing works.” Martinson concluded. Criminologists began to
challenge the rehabilitation methods of punishment that had dominated for over
seventy years.
The philosophy and policy of correctional punishment in the United
States is like a swinging pendulum. Recurrent themes of revenge, retribution,
and rehabilitation have each influenced correctional policy and practice. After
long focus on rehabilitation, the pendulum has swung back, and the emphasis in
correctional policy has returned to punishment. Even though the resurgence of
the classical ideas of Beccaria and Bentham has been given credit for reducing
crime rates, these ideas have also been criticized.
4.4.5. ProportionaIity between offence and punishment
The proportionality has become increasingly disfavored approach to penal
policy in the United States. The popularity of minimum sentencing laws during the
283
1990s emphasized this trend. But an analysis of utilitarian critiques of penal law
and an assessment of their relevance to the development of American public law
suggest that this trend is not only misplaced but undermines many of the
foundational assumptions of American penal law and its constitutional influences.
In particular, Jeremy Bentham’s book. “The Rationale of punishment” which was
constructed from separate manuscripts after his death and was last published in
1830, offers a philosophical challenge to this extremely important and
controversial area of American public policy and criminal justice.
4.4.6. Alternative forms of punishment in U.S.A.
The criminal courts in U.S.A have many kinds of sentences as an
alternative to imprisonment. One of them which is more traditional is probation.
Probation allows the person convicted of a crime to remain free, subject to some
restrictions imposed by the court.Another alternative form of punishment is
community service. Community service used to misdemeanor cases, or
occasionally when the criminal has been convict of violent felony, such as
embezzlement. Community service can take a variety of every thing from
cleaning up roadside parks to presenting speeches and seminars about crimes.
Community service is sometimes granted when the convict has a high level
persons in the public. For example, if celebrities such as rock musicians and
movie actors and such other persons convicts any petty offences. They were
usually awarded sentences of community service, because the court believes
that more good can took place to the society through the celebrity’s service than
through his imprisonment1.
1 http.//www. uslaw.com/us_Iaw_artiele,php?a=249
284
4,4.7. The Model Sentencing Act
The objectives of the Model sentencing Act, a product of the National
Council on Crime and Delinquency, are to stabilize sentencing in felonies, to
eliminate disparity, to achieve rehabilitation, and to do away with long prison
sentences except for dangerous offenders who commit crimes of violence. The
policy of the Act is that all defendants, including dangerous offenders, should be
dealt with entirely according to their potential for rehabilitation. Accordingly, the
Model sentencing Act offers a statutory definition of “dangerous offender’ and
enunciates a strong preference for disposing of non-dangerous felons1 through
non-institutional sentences. To reduce disparity, the Act recommends that
Statutes limit the maximum prison term for non-dangerous felonies to five years,
the period within which 80 percent of felony prisoners in state institutions are
actually released. Dangerous offenders who cannot be safely returned to the
community can be sentenced to extended prison terms of up to 30 years, but the
Act emphasizes that such cases would be few. Life sentence are virtually
eliminated except for first -degree murder. Because all prison commitments are
to be rehabilitative, the act rejects the use of minimum prison sentences for both
groups of offenders and would eliminate habitual offender sentences. As of
1976, Oregon was the only state to have adopted the Model Sentencing Act, in
slightly modified form.
The current prime suspect in the three-count indictment of excessive
sentences, disparity, and uncontrolled judicial discretion is the indeterminate
prison sentence for felonies that is found in most penal codes. An indeterminate
sentence is one in which the defendant is sentenced to a range of years in
1 Who now constitute the bulk of the prison population

285
prison, that is, 1-5 years, 4-8 years, 10-20 years, 6 months to 15 years, one year
to life, and so on. At the time of sentencing, defendants who are given an
indeterminate sentence do not know when they will probably be released; the
decision is left to the discretion of the parole board, subject only to broad
statutory regulation.
Although the precise statutory provisions of indeterminate sentences vary
by State and crime.” all indeterminate sentences have three elements in
common: (a) the defendant is committed to a substantial range of time in prison,
(b) the convict has little or no knowledge of when release will comes; that is,
there is uncertainty about the amount of time to be served, and (c) the
rehabilitation of the offender is the ostensible goal. Because of the enormous
variation among states in indeterminate sentences for the same crime and in the
discretion allowed the courts in setting minimum and maximum terms, the
indeterminate sentence is considered directly responsible for disparate,
excessive and unfair sentences.
Mandatory sentences are penal code provisions that require the court to
sentence persons convicted of specified crimes to a determinate prison term.
Mandatory sentences are intended to guarantee that career criminals, recidivists,
and violent offenders will face the certainty of punishment.
4.4.8. The model penal code
The resolution of problems was the subject of ten years of intensive study
by the American Law Institute (ALI), undertaken amid widespread prison riots
during the 1950s. The recommendations of the ALI to standardize penalties on
the basis of meaningful classifications of crime seriousness, to make sentences

286
fairer, and “to safeguard offenders against excessive, disproportionate, or
arbitrary punishment" are presented in its publication, the Model Penal Code.
Range of Sentences in Felony convictions.
Type of Felony Minimum Maximum
Sentence Sentence
First-degree felony 1-10 years Life
Second-degree felony 1-3 years 10 years
Third degree felony 1-2 years 5 years
Table NO:16 Showing minimum and maximum sentences of felony
The Key to the Model penal Code is its recommendation that all serious
crimes be classified into one of three degrees of felony and its identification of the
substantive crimes that constitute a first, second or third degree felony. Each
degree of felony carries a penalty that is relatively standardized and generally
more lenient than those specified by many state penal codes for the same crime .
For example forcible rape in which the victim is not otherwise physically injured is
classified by the code as a second-degree felony, which carries a 10 year
maximum sentence. For the identical offense, many states authorize sentences
of 20-30 years in prison.
Unchecked judicial discretion, unwarranted disparity, and excessive
sentences derive from the structure and content of the penal codes. State penal
codes provide a broad range of penalties for most felonies, running the gamut
from probation to lengthy imprisonment, with the choice in the individual case
being left to the judge. There is enormous disparity across jurisdiction in the
penalties authorized for the same or similar crimes. Vastly different penalties
accompany a multitude of not so different crimes. In any instances, statutory

287
penalties are inconsistent with the gravity of the offense. Prior to 1962, the
development of penal codes was haphazard, piecemeal, unsystematic,
unplanned, and almost irrational.
4.4.8.1. Quantum of Punishment

On the subject of quantum of punishment the commentary on Art.1051. of
the American Model Penal Code says as follows:
“If a sentence of imprisonment is authorized as an immediate sanction up
on conviction rather than merely to coerce the payment of penalty, it is
inadmissible semantic manipulation to declare that the offence is not a crime.
Imprisonment, it is submitted, ought not be available as a punitive sanction,
unless the conduct that gives rise to it warrants the type of social condemnation
that ought to be implicit in the concept of crime”.
4.4.9. Federal Sentencing Commission
The United States Sentencing Commission is an independent agency in
1.Tentative Draft No.2 p.8
the judicial branch of government. Its principal purposes are: (1) to establish
sentencing policies and practices for the federal courts, including guidelines to be
consulted regarding the appropriate form and severity of punishment for
offenders convicted of federal crimes (2) to advise and assist congress and the
executive branch in the development of effective and efficient crime policy; and
(3) to collect, analyze, research, and distribute a broad array of information on
federal crime and sentencing issues, serving as an information resource for
1 Tentative Draft No.2, P.8

288
congress, the executive branch, the courts, criminal justice practitioners, the
academic, community, and the public.
4.4.10. Capital Punishment
Historically several States have been without Capital Punishment, the
earliest being Michagan which has not carried out a single execution since it
entered the Union. It abolished the death penalty for ordinary crimes and
became a first English speaking Government in the World. Several States of
U.S.A. abolished death penalty. In modern era of capital punishment two States
have legislatively abolished the death penalty and two have de-facto abolishment
through their State judiciaries. In 2007 New Jercy, in 2009 New Mexico
abolished the death penalty.
The reasons why the community as a whole does not endorse the
humanistic approach reflected in “death sentence in no case” doctrine are not far
to seek. In the first place, the very humanistic edifice is constructed on the
foundation of “reverence for life” principle, when a member of the community
violates this very principle by killing another member, the society may not feel
itself bound by the shackles of this doctrine. Secondly, it has to be realized that
every member of the community is able to live with safety without his or her own
life being endangered because of the protective arm of the community and on
account of the rules of law enforced by it. The very existence of the rule of
lawand the fear of being brought to book operates as a deterrent to those who
have no scruples in killing others if it suits their ends. Every member of the
community owns a debt to the community for this protection. When ingratitude is
shown instead of gratitude by killing a member of the community which protectors

289
the murderer himself from being killed, or when the community feels that for the
sake of sell preservation the killer has to be killed, the community may well
withdraw the protection by sanctioning the death penalty.
Capital punishment was suspended in the United States from 1972 to 1976
primarily as result of the Supreme Court decision in Furman Vs Georjia1. In this
case the court found the imposesion of the death penalty in a consolidated group
of cases to be un constitutional, on the grounds of cruel and un-usual punishment
in violation of the eight amendment to the U S Constitution. In 1976,
contemporaneously with Woodson Vs. North Carolina2 and Robert Vs. Louisiana3
the court decided Gregg Vs. Georgia44284 upholding the death penalty subjected
to certain restrictions.
There are about 250 people added to death row and 35 executed each
year in U.S.A. The death penalty is the harshest form of punishment enforced in
the United State today. Once a jury has convicted a criminal offense they go to
the second part of the trial, the punishment phase. If the jury recommends the
death penalty and the judge agrees then the criminal will face some form of
execution, lethal injection is the most common form used today. There was a
period from 1972 to 1976 that capital punishment was ruled unconstitutional by
the Supreme Court. The reason for this decision was that the death penalty was
cruel and unusual punishment under the eighth amendment. The decision was
reversed when new methods of execution were introduced.
1 408 U.S 238 (1972).

2 428 U S 280 (1976)
3 428 U S 325 (1976)
4 US 153(1976)
290
The United States Supreme Court has upheld the three - drug protocol in
lethal injunction for capital punishment- applied in 36 States besides the federal
Government- thus lifting a 7 months defacto moratorium on executions1.
4.4.11. Classification of Offences in U.S.A
All the offences are divided in to two types basing on the punishment
which may be imposed to them. They are felony and misdemeanor. The common
law divided participants in a felony into four basic categories. They are first
degree principals, second degree principals, accessories before the fact and
accessories after the facts. In the course of the 20th century American
jurisdictions eliminated the distinctions among the first three categories2
.Misdemeanour offence are lesser offences than a felony, but they are not
without penalties. It will effect the person’s personal life including the inability to
obtain certain jobs, quality for bonding, or receive government beneficiaries.
Misdemeanors are classified according to their severity. Person convicted of a
felony will be imprisoned in a Federal prison. Conversely, a person convicted of a
misdemeanor is almost always imprisoned in a local prison or county jail.
4.4.11.1. Felony
A felony is a serious crime characterized under Federal law and many
State Statutes as an offence punishable by death or imprisonment in excess of
one year. Under the early common law, felonies were crimes involving moral
turpitude Article 131-43.e.Later, however, crimes that did not involve turpitude
1 The Hindu, 7lh May 2008 - Qustions remain on death penalty.

2 Gonzales v.Duenas-Alwarez,549 U.S 2007.
291
became included in the definition of a felony. Presently many Statutes classified
the various classes of felonies and prescribed with penalties commensurate with
the gravity of the offence. Crimes classified as felonies include among others
treason, arson, murder, rape, robbery, burglary, manslaughter and kidnapping.
4.4.11.2. Misdemeanors
The offences which are exactly punishable by one year or less is classified
as misdemeanor. The felonies and misdemeanours are classified in different
ways by different States but with slight changed all are similar. The general
classification of felonies and misdemeanors of the United States of America are
mentioned below.
Felony Misdemeanour
Felony Punishment Misdemeanour Punishment
Class 1 Felony Death, or Class 1 Confinement in
imprisonment for misdemeanour
jail for upto 12
life & a fine of upto
$1,00,000 months and a
fine of upto
$2500'
Class 2 Felony Imprisonment for Class 2 Confinement in
life or minimum of misdemeanour jail for upto 6
20 years and a fine months and a
of upto $1,00,000 fine of upto
$1000'
Class 3 Felony Imprisonment 5 Class 3 Maximum
to20 years and a Misdemeanour fine of $500
fine of upto
$1,00,000
Class 4 Felony Imprisonment for 2 Class 4 Maximum
years to 10 and a Misdemeanour fine of $250
292
fine of upto
$1 ,,00,000
Class 5 Felony The jury or court

may choose imp.
for 1 to 10years or
jail for upto 12
months and a fine
of upto $2500,
either or both.
Class 6 Felony The jury or court

may choose imp.
for 1 to 5 years or
jail for 12 months
and a fine of upto

$2500 either or
both
Table No: 17 Showing the types of Felony and Misdemeanor
4.4.12. U.S.A Being the Leader of the World in Prisoners
There are no European governments sending delegations to learn from
the U.S. about how to manage prisons. Adam Liptak said that “The United States
has less than five per cent of the world’s population. But it has almost a quarter
of the world’s prisoners. The United States leads the world in producing
prisoners, a reflection of a relatively recent and now entirely distinctive American
approach to crime and punishment. The United States has for instance,
2.3.million criminals behind bars, more than any other nation1.
1 According to data maintained by the International Centre for prison Studies at

King’s College London,2007.
293
Prison sentences here have become vastly harsher than in any other
country to which the United States would ordinarily be compared Michael
H.Tonry, a leading authority on crime policy wrote in The Handbook of ‘Crime
and Punishment’. Indeed, said Vivien Stern, a research fellow at the prison
studies centre in London the U.S. incarceration rate has made the United States “
a rogue state, a country that has made a decision not to follow what is a normal
Western approach1.”
4.5. French Penal Code
The Code of Offences and Penalties was adopted in revolutionary France
by the National Convention on October 25, 17952. Containing 646 articles, the
Code deals with judicial organization, criminal procedure as well as penalties. It
is notable for suppressing afflictive penalties, with the exception of the death
penalty, and for creating prison sentences, the harshest of which is known as the
Peine de la Gene, and consists of a fifty-year imprisonment in a windowless cell
without any possibility of communication with either outside persons or inmates.
The French Penal Code of 1791 was a penal code adopted under the French
Revolution between 25 September and 6 October 1791. It was France’s first
penal code.
The principle of legality was foremost in the underlying philosophy of the
1791 Code. In the spirit of the 1789 Declaration of the Rights of Man and of the
Citizen, of Beccaria summarized the principles that were to be the foundation of
the procedural system. In his words, “every citizen should know what
1 The Hindu, 24th April 2006 - Leading the world in prisoners and sentences.
2 The 3rd of Brumaire of the year IV under the French Republican Calendar.
294
punishment he should endure.” As a consequence, the function of the judge was
conceived as being strictly distributive: qualification of an act, infliction of the pre
set sanction. This concept was revolutionary in 1791 and clearly parted from the
Ancient Regime arbitrary procedures. The code of 1791 in this aspect was
simple as most of definitions were clear, leaving little power to the interpretation
of the judge. This principle was reincorporated in the Napoleonic Penal Code of
1810, which replaced the revolutionary 1791 code.
The Code is the product of the influence of English criminal procedure. In
the course of the 19th and 20th centuries, the character of the French procedure
has undergone no fundamental alteration. It took fifty years of agitation to win for
the accused the privilege of assistance of counsel during the preliminary
investigation. Many other laws have altered in detail in procedure, but the main
lines are still as the Napoleonic Commission left it.
4.5.1. The Brief History of French Penal Code
The Legislative Assembly which met for the first time on October 1, 1791,
did not challenge the work of the Constituent Assembly, and adopted the final
text of the code on October 6. The great novelty of this first French Penal Code-
-which represented a break as much radicals ephemeral because the 1810 code
modified its term was the fixed nature of the punishment.
The reformers considered the penal code to be the best instrument for
fighting the arbitrariness of judges, by putting into practice. Beccaria’s syllogism:
“the major must be the general law, the minor the act in relation with the law, the
conclusion will be the acquittal or the sentence.”

295
In spite of the refusal to abolish capital punishment, the French penal code
was influenced by the voluntarism of politics and philosophy that guided the party
of the most learned reformers. The culpability of offense against religious morality
disappeared. The shared belief in the perfectibility of the individual was
perceptible, as much in the retention of old, dissuasive punishments (iron collar,
public exposition, loss of civil rights) as in the new measures taken to rehabilitate
the criminal through work.
The reversal of the debates that took place before the Terror was clear:
The priority no longer was to invent a new society but to preserve it. It was
necessary to re-establish it and maintain social order. The civil code was
followed by the code of civil procedure (1806), the commercial code (1807), the
code of criminal procedure (1808), and, finally, the new code penal (1810). The
preliminary measures and the primary book were presented on the State
Council1 at on October 4, 1808, discussed, and then adopted on October,
1809.On the same day the project was sent to the civil and criminal legislative
commission.. The council adopted this section in January 1810. The same
procedure was followed for each section of the code. It was definitely adopted by
the legislative corps without public debate and promulgated on February 23,
18102.
At the end of the eighteenth century, France was marked by a period of
political and legal transformation that completely changed the problem of how to
manage deviancy. The society that evolved after the great Revolution had a new
way of perceiving the social bonds and the legal character of the right to punish.
1 Counsel d’E.
296
In France at the end of the eighteenth century is the emergence of new
discourses on a criminality that not only to understand to its religious dimensions
but also as a social and political phenomenon. This emergence expressed itself
in the popular literature, as well as in penal policies that were proposed to
prevent the crimes. Enemies and public servants of the absolutist monarchy
attacked the great proliferation of royal laws. In spite of the failure of a last-ditch
attempt as reform in 1788, the will to modify the penal law had been supported by
the Enlightenment philosophers, who applied themselves mostly to the question
of the legitimacy of the right to punish the magistrates, who were anxious to
rationalize their practice.
4.5.1.1. French Criminal Law and Napoleon Code
The Napoleon Penal Code of 1810 in France was oldest code.The
ongoing revisions, undertaken by the Commission Trochee’ are not only of
judicial interest, they carry a political clout. On the other hand, the Penal
\Procedure Code dictates rules on the form of the proceedings. It forms the link
between the offense and the punishment. In this manner, its major function is to
ensure due process or the protection of the individual. Both of these texts have
been the object of recent reforms.
4.5.2. The New Penal Code of France
The new penal code entered into force in 1994 is the third criminal
codification in French history. The present French criminal law is based on the
synthesis of three codes 1791, 1810 and 1992-94. Until the last reforms of 1992-
94, the most important amendments to the 1810 code included the 1975 Act
297
reforming the system of fines and suspended sentences and instituting a number
of alternatives to imprisonment. The 1978 Act introducing the Periode de Surete
during which no release on parole can occur, the 1981 Act abolished the death
penalty and the 1983 Act introduced the community service order. In its format,
the new penal code is similar to its predecessors. On substance, the so called
reforms of 1992-94 show mostly elements of permanence and continuity, in spite
of the introduction of a few new concepts especially in terms of the responsibility
of judicable persons. One of the biggest goals of the reforms was to better
rewrite the existing codification.
4.5.3. Philosophy of Punishment under French criminal law
The philosophy of the sanction found in the texts and adopted by many
French legalists like J.M. Varrault and M. Cusson is that sanction is neither
irrational nor is it unjustified. It is legitimate to want a Penal Code that is a
glossary of clear and precise warning1.
They put a crucial weight on the value of the sanction and on the certainty
that it is the key to reduce criminality. Their underlying assumption, which is also
that of the present codification, is that sanctions serve a preventive function.
Their premise is that criminals act rationally. According to their writings, the
delinquent has the capacity to choose among the means and opportunities to
satisfy his needs2. Sanctions also ensure a symbolic and moral function, fixing
the wrong done to society. It repairs a torn society, it brings back confidence.
‘Varault, like Cusrson, repeats their viewpoint in that the
1 Maurice Cusson, Delinquents. Pourquek? p.105.

2 Ibid., Pi06.
298
“Utility of the sanction is not so much in the action it exercises on criminals
but on the action it exercises on society itself. Everything takes place in spiritual
domain: images are opposed to other images, emotions to emotions, forces to
forces.” As a direct consequence of these premises, repression is on the act not
on the perpetrator. The purpose of the law is to protect the social order by
repression of the act. Crimes and, by reverse logic, social order are defined.
The definition of a crime implies the attribution of a penalty. In this way, a penalty
is established for each offense. The negative or at least limiting impacts of such
assumptions are multifold. Stephan identifies the first shortcoming of such
premise by arguing that taking into account only the act and its legal definition.
There is a risk to punish the offender regardless of his/her personality
either with too much rigor or with excessive leniency1. The code of procedure
moderates some of those elements, but aberrations persist. For instance, in
principle the act euthanasia for merciful reasons falls under the same qualification
as a violent murder. The legal text on murder does not establish a difference2
In this perspective the criminal appears like an Animated dummy on whose back
the judge sticks the number of a paragraph of the penal code, before the
penitentiary administration sticks a second one which reads his cell number.
The issues raised from the reading of the law are whether or not social
order is indeed protected by assigning a pre-set sanction to a determined crime.
It seems on the contrary that what threatens the social order is not only the anti
social act defined by the law as an offense, but it is more the individual whose
action has revealed the anti-social nature. The Penal Law which in its conception
1 Fauconnet, La Responsabilite, P.227.

2
nouveau Code Penal, art.222-1.
299
solely deals with the offense and its matching sanction does not deal with the
individual.
It comes down to an attack on the manifestations of evil not on its causes1
econdly, it presupposes that the criminal is free to make rational decisions. It
does not take into account the social, economic and political circumstances
affecting his/her decision. Interestingly, the Code does not totally ignore the
“human” aspect of the crime and acknowledges certain cases of irresponsibility,
like mental illness. However, it fails to incorporate new findings on criminology. It
continues in its newest versions to privilege the traditional premise that a list of
sanctions are that many warnings and serve a preventive function, in a realm,
where criminals are mostly rational and can therefore logically weigh the penal
consequence of their decisions. This distorted, and outdated perception, leads to
strong elements of doubt regarding the code’s efficacy in preventing crime.
Four books compose the new penal code. Book 1 summarizes the
general dispositions of the Code. It includes rules of general penal law and most
of the rules on sentencing. This general part of the code, the Partie Generate of
the new penal code, reorganizes rules that were previously dispersed in various
places of the 1810 Code or even in the Procedure Code. Most of these rules had
never been modified since 1810. Some of them had remained untouched since
1791. Criminal law, highlighting the most salient characteristics of the law and its
recent revisions. It presents the law strictly as it appears in the texts, without
taking position on its impact. This section could, if needed, be isolated and used
as an objective set of references on the technicalities of French penal law..
1 Delmas, Archieves de Politique Criminelle

300
4.5.4. Fundamentals of French Penal system

The Code penal and the Code de Procedure Penale1 and their respective
functions underline both the technicalities and the philosophy of the criminal
justice system. The Penal Code defines offenses and assigns sanctions. Its
primary function is to protect society as a whole to ensure social control by
categorizing and defining the offenses that disrupt it. The bulk of its content is
rules on substance what is a crime, what happens to its perpetrator.
The other three books are referred to as the “special part,” or Partie
Special. Book 2 reforms the dispositions of the Penal Code relative to the
repression of crimes and misdemeanors against individuals. Book 3 deals with
offenses against property. Finally, Book 4 focuses on crimes and misdemeanors
against the nation, the state and public order. The new code reiterates a tri-fold
division of offenses. The French penal law has always identified three groups of
criminal offenses: Crimes, Delits and Contraventions. A different trial court has
jurisdiction over each category, and different rules of procedure apply. In
general, more serious offenses are subject to more elaborate procedural
safeguard. Penalties for crimes range from prison terms of at least 5 years to life;
misdemeanors are punishable with a prison term of more than 2 months, not
exceeding 5 years, or by a fine of more than 10,000 Francs (around $2,000).
Contraventions are punishable with a fine up to 10,000 Francs or a jail term
inferior to 2 months. The special part of the code reverses the order of
dispositions but keeps the libel of their headings intact. Permanence of principle
is also paramount. The new code, like its predecessors is based on the
fundamental principle at the core of the use of codification.
1 Code of Penal Procedure

301
4.5.5. Sentencing Process in France
At the end of the trial, if there is no acquittal and if guilt has been proven
the offense will be defined according to the code and the penalty will be
assigned. The police penalties are imprisonment, fines and confiscation of certain
objects seized1. Penalties in correctional cases are imprisonment for a term in
place of correction, suspension for a term of certain civic, civil or family rights and
fines2. Criminal penalties are both affective and infamous. They include penal
servitude for life, criminal detention for life, penal servitude for a term, criminal
detention for a term, banishment or loss of civil rights3. Where criminal
imprisonment for life is applicable to one or more concurrent offences but is not
imposed legal maximum is fed at 30 years criminal imprisonment4. In case of
sever penalties of same nature are incurred, only one such penalty may be
imposed within the limit of highest legal maximum5. 6
4.5.6. Penalties Applicable to Natural Persons
According to Articles 131.1 of the Code the penalties incurred by natural
persons for the commission of felonies® are;
1. Criminal imprisonment for life or life criminal detention.
2. Criminal imprisonment or criminal detention for a maximum of thirty years;
3. Criminal imprisonment or criminal detention for a maximum of twenty years;
4. Criminal imprisonment or criminal detention for a maximum of fifteen years.
1 Nouveau code Penal, art 464.

2 21 Ibid., art9.
3 Ibid, art 7-8.
4 Art. 132-5 of French Penal Code.
5 Article 132-3 of French Penal Code.
6 .Act No.200-916 of 19, September 2000 Article 3 Official Journal of 22 September 2000 into force 1
January 2002
302
The minimum period for a fixed term of criminal imprisonment of criminal
detention is ten years. As for Article 131-2, the penalties of criminal imprisonment
or criminal detention do not preclude the imposition of a fine and of one or more
of the additional penalties set out under article 131-10.In Article 131-3 the
penalties incurred by natural persons for the commission of misdemeanors are
mentioned. They are:
1. Imprisonment
2. a fine
3. a day-fine
4. Community service:
5. Penalties entailing a forfeiture or restriction of rights, set out under
Article 131.6;
6. The additional penalties set out under article 131-10
According to Article 131-4 of the Code the following additional penalties can be
added to the original punishments.
1. a maximum of ten years;
2. a maximum of seven years;
3. a maximum of five years;
4. a maximum of three years;
5. a maximum of two years
6. a maximum of one year;
7. a maximum of six months.
According to Articles 131-6of the Code where a misdemeanor is punishable by
imprisonment, the court may order a day-fine. This requires the convicted person
to pay the Treasury of a sum, the total amount of which is a daily contribution
303
determined by the judge, multiplied by a certain number of days. The amount of
each day-fine is determined by taking into account the income and expenses of
the accused. It may not exceed € 300. The number of day-fines is determined
by taking into account the circumstances of the offence; it may not exceed three
hundred and sixty1.
According to Articles 131-6 of the Code, where a misdemeanor is punishable by
a sentence of imprisonment, one or more of the following penalties entailing
forfeiture or restriction of rights may be imposed:
1. The suspension of a driving license for a maximum period of five
years. This suspension may be restricted to the driving of a vehicle outside
professional activities, pursuant to conditions to be determined by a Decree in the
Conceal d’Etat;
2. Prohibition to drive certain vehicles for a period not exceeding five
years;
3. The cancellation of the driving license together with the prohibition
to apply for the a new license to be issued for a period not exceeding five years;
4. Confiscation of one or more vehicles belonging to the convicted
person;
5. Immobilization of one or more vehicles belonging to the convicted
person pursuant to conditions determined by a Decree of the Conseil d’Etat for a
maximum period of one year;
6. Prohibition to hold or carry a weapon for which a permit is needed;
such a prohibition may not be imposed for more than five years;
1 1. Act No.92-1336 of 16 December 1992 Article 341 and 373 official journal of 23 December 1992 into
force 1 March 1994.
304
7. Confiscation of one or more weapons belonging to the convicted
person or which are freely available in him;
8. Withdrawal of a hunting license, together with a prohibition to apply
for a new license; such a prohibition may not be imposed for more than a five
years.
9. The prohibition to draw cheques, except those allowing the
withdrawal of the funds by the drawer from the drawee or certified cheques, and
the prohibition to use credit card, for maximum during of five years.
10. Confiscation of the thing which was used in or was intended for the
commission of the offence, or of the thing which is product of it. However this
confiscation may not be imposed for a press misdemeanor;
11. Prohibition, for a maximum period of five years, to exercise any
professional or social activity where the facilities afforded by such activity have
knowingly been used to prepare or commit the offence. Such a prohibition is not
applicable to the holding of an electoral mandate or union stewardship, nor may it
be imposed for a press misdemeanor.
Article 131-7 of the Code says the penalties entailing a forfeiture or restriction or
rights enumerated under Article 131-6 may also be imposed for misdemeanor
which is only punishable by a fine. According to Article 131-8 of the Code where
a misdemeanor is punishable by a sentence of imprisonment, the Court may
order the convicted person to perform for a period of forty to hundred and forty
hours, unpaid community service work in the interest of a public law body or of
an association accredited to set up community service work. Community service
work may not be imposed up on an accused who refuses or who is not present
at the hearing. The president of the court, before passing the sentence, must
305
inform the summoned person of his right to refuse to perform community service
work and record his response.Art.131-9 of the Code says Imprisonment may not
be imposed cumulatively with any of the penalties entailing forfeiture or
restriction set out under article 131-6, nor with community service.
4.5.7. Additional Penalties to certain Felonies or Misdemeanors
As per Art. 131-10 where the law so provides, a felony or a misdemeanor
may be punished by one or more additional penalties sanctioning natural persons
which entail prohibition, forfeiture, incapacity, or withdrawal of a right, the
impounding or confiscation of a thing, the compulsory closure of an
establishment, posting a public notice of the decision or disseminating the
decision in the press or by broadcasting.Article-131-11 says where a
misdemeanor is punishable by one or more of the additional penalties
enumerated under articles 131-10, the court may decide to impose as a main
sentence one or more of the additional penalties.
4.5.8. Penalties for petty offences
As per Article 131-12 of the Code the penalties incurred by natural person
for the commission of petty offences are a fine and the penalties entailing a
forfeiture or restriction of rights set out under Article 131-14 These penalties do
not preclude the imposition of one or more of the additional penalties set out
under Article 131-16 and 131-17.ln Art.131-13 the maximum amount of fine is
prescribed:
The amount of fine is as follows:
1, a maximum of €38 for the petty offences of 1st class;

306
2. a maximum of €150 for the petty offences of 2nd lass;
3. a maximum of €450 for the petty offences of 3rd class;
4. a maximum of €750 for the petty offences of 4th class;
5 a maximum of €1500 for the petty offences of 5th class an amount which
may be increased to €3000 in the case of a persistent offender where the
regulation so provides.
As per Article 131-14 in relation to any petty offence of 5th class one or
more of the other penalties entailing forfeiture or restriction of rights may be
imposed and as per Article 131-15 a fine may not be imposed together with one
of the penalties entailing forfeiture or restriction of rights may be imposed.
4.5.9. Additional penalties for petty offence
Article 131-16 says that where the offender is a natural person, the
regulation which sanctions a petty offence may provide for one or more of the
following additional penalties:
1.Suspension of a driving license for a maximum period of 3 years. The
suspension may be restricted to the driving of the vehicle outside professional
activities;
2. Prohibition to hold or carry a weapon for which a permit is needed, for a
maximum period of 3 years;
3. Confiscation of one or more weapons which the convicted person owns
or which is freely available to him;
4. Withdrawal of hunting license, together with a prohibition to apply for
granting of a new license, for a maximum period of 3 years;

307
5. Confiscation of the thing which used or intended to be used for the
commission of the offence, or of the thing which is its product.
As per Article 131-17 of the Code the petty offence of the 5th class may
also provide the additional penalty of prohibition to draw cheques, except those
allowing the withdrawal of funds by the drawer from the drawee or certified
cheques, for a maximum period of 3 years. The regulation which sanctions a
petty offence of the 5th class may also provide, as an additional penalty, the
imposition of community service for a period of 20 to 120 hours.Art.131-18 of the
Code decides where a petty offence is punishable by one or more of the
additional penalty referred to under Art. 131-16 and 131-17 the court may decide
to impose only the additional penalty or one or more of the additional penalties.
4.5.10. Penalties applicable to Legal Persons
In Art.131-37 of the Code the Penalties for felonies and misdemeanors
incurred by judicial persons are mentioned as below:
1. fine
2. cases set out by Law;
3. The penalties enumerated Under Art 131-39
As per Article 131-38 of the Code the maximum amount of fine applicable to legal
persons is 5 times then the sum laid down for natural persons by the Law that
sanctions the offence. Article 131-39 of the Code says where a statue so
provides against a legal person, a felony or misdemeanor may be punished by
one or more of the following penalties .among them the penalties under 1 and 3
above do not apply to those public bodies which may incur criminal liability. Nor
308
do they apply to political parties or associations, or to unions. The penalty under
1° does not apply to institutions representing workers.
1. Dissolution
2. where the legal person was created to commit a felony, or where the
felony or the misdemeanor is one which carries a sentence of imprisonment of 3
years or more, where it was diverted from its objects in order to commit them.
3. Prohibition to exercise, directly or indirectly one or more social or
professional activity, either permanently or for a maximum period of 5 years;
4. Placement under judicial supervision for a maximum period of 5 years;
5. Permanent close up or closure for upto 5 years of the establishment, or
one or more of the establishments, of the enterprise that was used to commit the
offences in question;
6. Disqualification from public tenders, either permanently or for a
maximum period of 5 years;
7. Prohibition, either permanently or maximum period of 5 years, to make
a public appeal for funds;
8. Prohibition to draw cheques, except those allowing the withdrawal of
the funds by the drawer from the drawee or certified cheques and the prohibition
to use credit cards, for a maximum period of 5 years.
9. Confiscation of the thing which was used or intended for the
commission of the offence, or of the things which is the product of it;
10. The public display of the sentence or its dissemination either by the
written press or by any type of broadcasting.

309
4.5.11. Penalties for petty offences committed by the Legal

Persons
According to Article 131-40 of the Code the penalties incurred by legal
persons for petty offences are:
1° a fine
2° the penalties entailing forfeiture or restriction of rights.
These penalties do not preclude the imposition of one or more of additional
penalties set out under Article 131-43.The maximum amount of a fine applicable
to legal persons is five times that which is applicable to natural persons by the
regulation sanctioning the offence1.
In relation to any petty offence of the 5th class, a fine may be replaced by
one or more of the following penalties entailing forfeiture or restriction of rights2.
1° Prohibition to draw cheques, except those allowing the withdrawal of funds
by the drawer from the drawee or certified cheques, and the prohibition to use
credit cards, for a maximum period of one year;
2° Confiscation of the thing which was intended for the commission of an
offence, or of any thing which is the product of it.
The regulation that sanctions a petty offence may provide for the additional
penalty mentioned under 5° of article 131-16 where the offender is a legal person.
In relation to petty offences of the fifth class, the regulation may also set out the
additional penalty referred to under the first paragraph of Article 131-17. Where
petty offence is punished by one or more of the additional penalties set out under

310
Article 131-43, the court may decide to impose one or more of the additional
penalties applicable alone1
4.6. Criminal Code of Canada

The Criminal Code of Canada2 is the codification of most of the criminal
offences and procedure in Canada and Section 91 of the Canadian Constitution3
establishes criminal law as under the sole jurisdiction of the federal Parliament.
The Criminal Code also contains some defenses, but most are part of the
common law. Other important Canadian criminal laws are the Fire Arms Act, the
Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and
Drugs Act, the Youth Criminal Justice Act and the Contraventions Act.
It was first enacted in 1892. It was based on a drafted code called “the
Stephen Code” written by Sir James Fitzjames Stephen as part of a Royal
Commission in England in 1879, and influenced by the writings of Canadian
Jurist George Burbidge.
4.6.1. The Brief History of the Code
When the Provinces of Canada were confederated in 1867, the first Prime
Minster, Sri John A. Macdonald was adamant that Canada would not suffer the
disparate criminal law system inherited from England4. Macdonald believed
strongly in the need for a single, uniform regime of criminal law for the entire
country. In fact, the Canadian constitution which he helped to write, gave the

2 .long title, An Act respecting the criminal law, R.S.C.1985, c. C-46, as amended.
3 The Constitution Act, 1867 formerly called British north America Act, 1867.
4
At the time, each province had its own cnminai law.
311
federal government the explicit authority to codify the criminal law. An initial set
of nine statutes was passed by the federal House of Commons in 1869 to at least
consolidate the law for coinage offences, forgery, offences against the person,
larceny, malicious injuries to property, perjury and procedure. A complete criminal
code was finally achieved in July, 1892, under the leadership of the Minister of
Justice and soon-to-be Prime Minister Sir John Thompson.
The 1892 Canadian Criminal Code copied much of the English 1878 bill
and it has since been revised numerous times, to accommodate the needs of
changing times, such as amendments for gun control, the elimination of the death
penalty and of abortion offenses and the creation of drunk-driving offences. In
1955, a major reform was carried out and the Code was reduced from 1100
sections to 753.0ne of the advantages of a codification is the implementation of a
constitutional principle that no person can be convicted of an offence unless it
has been specifically provided for in a statute. This is pivotal if the expression
“ignorance of the law is no excuse” is to have any meaning. But in spite of the
original intentions of the Canadian codifiers to include all criminal offences, many
other federal laws now establish criminal offences as well. A good example is the
Narcotics Act which covers drug offences such as the possession of
cocaine.The Code also sets out the procedure to be followed in criminal cases
but, again, recourse has to be made to other laws in special cases such as the
Extradition Act or the young Offenders Act. Peculiarly, while the Code is a
federal law, the administration of the criminal law justice system is left to the
provinces. It is the latter that hires and supervises the work of public prosecutors
and court officials. There have been many calls for comprehensive reform of
Canada’s Criminal Code, the most scathing is from the now defunct Law Reform
312
Commission of Canada which, in the words of a former president of that
institution:
“It is too complicated, it is too illogical, it is poorly organized. It is not
comprehensive and it is too intrusive. Our Code is no longer worthy of
Canadians. We deserve a Criminal Code that is modem, simple, logical,
coherent, comprehensive, organized, understandable and restrained.” It is true
that the present Criminal Code is extremely complex, a challenge even for
lawyers to understand and to wade their way through during the course of a
criminal trial. Along with the income Tax Act, it is the logest of all federal laws.
But some of the proposals of the Law Reform Commission are quite
controversial and this, more than any other reason, probably explains why the
project for reform has not been pushed by federal politicians in the meantime,
the federal Department of Justice, which supervises all amendments to the
Code, continues to alter Canadian criminal law by bringing amendments to the
existing Criminal Code. So it’s business as usual with the Criminal Code. Any
massive reform such as that envisioned by the Law Reform Commission may
never occur except by the political will of a future Minister of Justice that
espouses the cause or by a slower process of piecemeal legislation. That,
unfortunately, appears, to be the “Canadian way.”
4.6.2. The Structure of the Code
The main body of the Criminal Code is divided into the following major
components. The criminal code of Canada is divided into 28 Parts consisting 841
sections. The main body is followed by schedules relating to some of the above
mentioned parts and a series of proscribed legal forms, such as Form 5 which
313
sets out the proper legal wording for a search warrant. The Canada criminal law
is Federal matter. Traditionally common law offences are co-existed with the
Code.
4.6.3. The Amendments made to the Code
The criminal Code has been revised numerous times including the
consolidation of federal statutes that occurred during 1955 and 1985. One of the
major revisions of the Code occurred with the passage of the Criminal Law
Amendment Act, 1968-69.whose provisions included, among other things, the
decriminalization of homosexual acts between consenting adults, the legalization
of abortion, contraception and lotteries, new gun ownership restrictions as well
as the authorization of breathalyzer tests on suspected drunk drivers. The
Criminal Code, in its present form, is part of the 1985 consolidated statues with
further major amendments since that year.
By means of legal challenges under the Canadian Charter of Rights and
Freedoms, numerous sections of the Criminal Code have been struck down by
the Supreme Court of Canada as infringing on a constitutional right as defined in
this 1982 constitutional document. The offending sections are usually removed
altogether, or heavily qualified, when new laws are passed. In other instances,
such as Section 287 regarding qualified abortions, the Canadian Parliament
makes no move to repeal the infringing section from the text of the Criminal
Code while such as section remains null, void and unenforceable by the police
and the criminal justice system.
Before the terrorist attack against the World Trade Center on September
11,2001, the Criminal Code contained almost no specific reference to terrorism.

314
After that event, the Canadian Parliament passed Bill C-36, the Anti-terrorism
Act1. Which received royal assent on December 18, 2001. This statute added an
entire new component to the Criminal Code. Falling between part II and Part III
is now Part 11.1 - Terrorism, which contains numerous provisions regarding the
financing of terrorism, the establishment of a list of terrorist entities, the freezing
of property, the forfeiture of property and participating, facilitating, instructing and
harboring of terrorism.
Young persons, ages 12 to 17, may be charged with offences under the
Criminal Code, are prosecuted in much the same way as adults under the
Criminal Code, and are subject to the same laws of evidence. However,
sentencing, procedure and evidence law are modified to some extent by the
Youth Criminal Justice Act. The youth may be taken to an adult prison after the
age of 14.
4.6.4. The jurisdiction of the Code
Under Canada’s federal system, the administration of justice is an area of
shared jurisdiction between the federal government and the provinces. The
Department supports the Minister of Justice in his responsibilities for 49 statutes
and areas of federal law by ensuring a bilingual and figural national legal
framework.
4.7. The Comparison of Punishments
The punishments for different offences under the criminal laws of India,
England, America .France and Canada are compared in the following table. The
1 (S.C.2001), C.41.
315
countries India, France and Canada contain their respective Criminal Codes
where as in England there is no specific code like in India. In England several
offences are defined and punishments were prescribed through separate Statues
enacted by the parliament from time to time and some others are governed by
Common Law. In U.S.A there are separate Penal Codes for each State and
offences and punishments are separately defined and prescribed with slight
differences. The American Law institute in 1962 developed Model Penal Code
and it was lastly updated in 1981.The purpose of this code was to stimulate and
assist the legislatures in making an effort to update and standardize penal law of
U.S.A. The Model Penal Code was adopted by 2/3red of States by replacing
their codes and some other States adapted some portions. Some states such as
New Jersey, New York.Pennsylwannia and Oregon have enacted almost all of
the provisions.
The death punishment which is the most fearful punishment in the world
has been in practice in India and America among these selected countries in
spite of repeated outcry of U.N. On July 14,1976 the House of Commons of
Canada passed a Bill C-84 on free vote , abolished the death penalty from the
Canadian Criminal Code and replaced with a mandatory life sentence without
parole for 25 years for all first degree murders. On 20 May 1998 the House of
Commons of England voted to ratify the 6th Protocol European Convention on
Human Rights prohibiting the capital punishment. On 10 October 2003 which
came into effect from 1-2-2004 the U.K acceded to the 13 th Protocol which
prohibits the death penalty under all circumstances. In India the death
punishment is restricted to rarest of rare cases doctrine designed and developed
by the Apex Court.

316
The second punishment is the imprisonment for life time. In India and
other countries the imprisonment for life means until death. But there are
different practices are in vogue in all over the world regarding to the quantum of
this punishment. In the countries like Canada, U.S.A and France the life
sentence made more sever by closing the opportunity to get parole within
stipulated time. The quantum of incarceration is higher in U.S.A than the other
countries. In India the length of imprisonment and quantum of fine is very low
when compare with these countries.
1-MURDER
COUNTRY OFFENCE SECTIONOF PUNISHMENT
LAW
1. INDIA 1. Punishment for Murder Sec.302 of Shall be punished

I.PC with Death, or
imprisonment for life,
and shall also liable
to fine.
2. Punishment for murder Sec. 303 of Shall be punished

by life convict IPC with death.
3. Punishment for Sec. 304 of Shall be punished

culpable homicide not IPC imprisonment for life,
amounting to murder or imprisonment of
either description for
a term which may
extend to 10 years
and shall; also liable
to fine.
4. Attempt to Murder Sec.307 of Shall be punished

IPC with imprisonment
a term which my
extend to 10 years,
and shall also liable
to fine.
5. Attempt to commit Sec. 308of Shall be punished

culpable homicide. IPC with imprisonment
317

a term which may
extend to 3 years, or
with fine or with both,
and if hurt is caused
Shall be punished
with imprisonment
a term which my
extend to 7 years or
with fine or with both.
2. U.S.A. 1. Murder U.S.Code 1.a) shall be

a) Who ever is guilty of Sec.1111 punished by death or
murder in the first degree imprisoned for life.
b) whoever is guilty of 1.b) Shall be

murder in the second imprisoned for any
degree term of years or for
life.
Shall be fined or
2. Manslaughter Sec.1112 of imprisoned not more
U.S.Code than 6 years or both.
Imprisoned not more

3. Attempt to commit U.S.Code than 20 years or
murder or manslaughter Sec.1113 fined.
shall be punished by
4. Protection of Sec. 1114 of death or imprisoned
Officers and employees U.S.Code for life.
of the United States
Fined or imprisoned
5. Misconduct or Sec.1115 of not more than 10
Neglect of ship officers US code. years or both.
Fined or imprisoned
5(i) When the owner or Sec.1115 of not more than 10
character of any sea boat US code years or both.
or vessel is a corporation
Shall be Punishable
6. Murder or Man Sec.116 of by death or imp. for
slaughter of foreign US code life. (This punishment
officials, official guests, or is same u/s 111,112
internationally protected &113 of U.S.Code)
persons
6(l)Each shall be
6(i) Two or more punished by
Persons conspire to imprisoned for any
318
Violate term of years or for

sec.111,114,116,119 life.
Shall be punished by
7. Murder by a federal Sec.1118 of death or by life
prisoner U.S.Code imprisonment,
8. Foreign murder of Sec.1119 of death or imprisoned
United states nationals U.S.code for life.
9. Murder by escaped Sec. 1120 of death or imprisoned
prisoners U.S.Code for life.
Imp. which shall not

10. Killing persons aiding Sec. 1121 of be less than 20
• Federal investigation or U.S.Code years, and may be
State correctional officers sentenced to life imp.
or death.
Fine under this title

11, Protection against the Sec. 1122 of not less than $10,
Human Immuno U.S.Code imprisoned for not
deficiency virus less than 1 year nor
more than 10 years
or both.
Must be imprisoned
3.ENGLAND 1. When an accused Section 1 of for life(court will
person is found guilty of Murder decide minimum
murder. (Abolition of period of sentence
Death Penality and recommends to
Act. the Secretary of the
1965. State.)
Imp. for life
2. Manslaughter Section 5 of Punishable with life

Offences imprisonment.
against the
person Act
1861.
3 Attempt to Murder. Section 7 (2) Punishable with life

of Criminal imprisonment
Law Act 1867
4. Any person Section 16 of Punishable with life

maliciously send, deliver, the offences imprisonment
utter, or directly or against the
indirectly cause to Person Act
319
receive any letter 1861.

knowing the contents
threatening to kill or
murder any person.
5. To conspire to murder Section 4 of Imp. for 10 years.

any person or to solicit, the Offences
encourage, persuade or against the
endeavour to persuade, Person Act,
or to propose murder of 1861.
any person.
4. FRANCE 1 .The willful causing of Art.221-1 30 years criminal

death of another person imprisonment.
is murder.
2. A murder which Art.221-2 Criminal

precedes, accompanies imprisonment for life.
or succeeds another
felony.
3. Making an attack Art.221-5 30 years Criminal

against the life of another imprisonment.
by the use or
administration of
substances liable to
cause death.(Poisoning).
CANADA
1. Every person who Sec.235.(1) of Shall be sentenced to
commits first degree or C.P.C imprisonment for life.
second degree murder is
guilty of an indictable
offence.
2. Every person who Sec.236 of Where Fire Arm is

commits manslaughter is C.P.C. used imprisonment
guilty of an indictable for life minimum Imp.
offence. is 4 years.
2) in other case to
imprisonment for life.
3. Every female person Sec.237 of Imprisonment for a

who commits infanticide C.P.C. term not exceeding 5
is guilty of indictable years.
offence.
4. Every one who causes Sec.238 (1) of Liable to

the death, in the Act of C.P.C. imprisonment for life
birth of any child.
320
2. KIDNAPPING
COUNTRY OFFENCE SECTIONOF PUNISHMENT
LAW
INDIA 1. Kidnapping Sec.360 of Shall be punished with
I.P.C imprisonment of either
description for a term
which extend to 7 years
and shall also liable to
fine.
2. Kidnapping or Sec.363-A of Shall be punished with

maiming a minor I.P.C imprisonment of either
for purpose of description for a term
begging which extend to 10
years and shall also
liable to fine.
2(i) Maiming any Sec.363-A Shall be punishable

minor in order that with imprisonment for
such minor may be life, and shall also liable
employed or used to fine.
for the purpose of
begging
3. Kidnapping or Sec.364 of Shall be punished with

abducting in order I.P.C imprisonment for life, or
to murder rigorous imprisonment
for a term which may
extend to 10 years, and
shall also liable to fine.
4. Kidnapping for Sec.364-A of
Ransom, etc. I.P.C Shall be punishable with
death, or imprisonment
for life, and shall also
liable to fine.
5. Kidnapping or Sec.365 of
Abducting with I.P.C Shall be punished with
intent secretly and imprisonment of either
wrongfully to description for a term
confine person which extend to 7 years
and shall also liable to
fine.
6. Kidnapping, Sec.366 of
abducting or I.P.C Shall be punished with
321
inducing women to imprisonment of either

compel her description for a term
marriage, etc. which may extend 10
years and also be liable
to fine.
7. Kidnapping or Sec. 367 of Shall be punished with

abducting in order I.P.C imprisonment of either
to subject person description for a term
to grievious hurt, which may extend 10
slavery, etc. years and also be liable
to fine.
8. Wrongfully Sec.368 of Shall be punished with

concealing or I.P.C imprisonment of either
keeping in description for a term
confinement, which extend to 7 years
kidnapped or and shall also liable to
abducted person. fine.
9.. Kidnapping or Sec.369 of Shall be punished with

abducting child I.P.C. imprisonment of either
under 10 years description for a term
with intent to steal which may extend
from its person 7years and shall also
liable to fine.
ENGLAND Kidnapping Sec. 5 of the Punishable by fine or

offences imprisonment for life.
against the
Person
Act1861.
FRANCE 1. The arrest, Article 224-1 20 years criminal

abduction, of code penal. imprisonment.
detention or
imprisonment of a
person without an
order from an
established
authority and
outside the cases
provided by Law.
2. The offence set Article224-2 Punished with 30 years

out in Art.222-1 is imprisonment.
accompanied with
mutilation or
permanent
disability.
322
2(i) If the victim Art.224-2 Imp. to life.

died.
CANADA 1. To cause the Sec.279(i) of 1. imprisonment for life

person to be C.P.C. and to a minimum in
confined against case of 1st offence 5
his will. years, 2nd subsequent
offence 7 years
2. Unlawfully sent Sec.279(i) of 2. Imp. for life and to a

the person out of C.P.C. minimum of 4 years.
Canada.
3. To hold the Sec.279(i) of 3.Imp. for life

person for ransom C.P.C.
against the
persons will.
4,1 .Every one who Sec.279(2) (1) Liable to imp. for a

without lawful Of C.P.C. term not exceeding 10
authority, confines years.
impression or
forcibly seizes
another person in
guilty of indictable
offence (or)
An offence Liable to imp. for term

punishable under not exceeding 18
summary months.
conviction.
U.S.A. 1. Kidnapping Sec. 1201 of Shall be punished by

U.S.code imp. for any term of
years of for life, if death
results, shall be
punished by death or life
imprisonment.
If the victim is not
attained the age of 18
years and the offender
is his nearest relative
the punishment shall be
not less than 20 years.
2. Ransom money Sec.1202 of Shall be fined or

US.code imprisoned not more
than 10 years or both.
323
3. Hostage taking. Sec. 1203 of Shall be punished by

U.S.code imprisonment for any
term of years for life and
if the death of any
pOerson results, shall be
punished by death or
life, imprisonment.
4. International Sec. 1204 of Shall be fined or

parental U.S.Code imprisoned not more
kidnapping than 3 years or both.
3. ASSAULT
COUNT OFFENCE SECTIONOF PUNISHMENT

RY LAW
INDIA 1. Punishment for Sec. 352 of Shall be punished with
assault or criminal force IPC imprisonment of either
otherwise than on grave description for a term
provocation which may extent to 3
months, with fine which
may extend to Rs.500 or
both
2. Assault or criminal Shall be punished with

force to deter public Sec. 353 of imprisonment of either
servant from discharge of IPC description for a term
his duty which may extend to 2
years or with fine or with
both.
3. Assault or criminal Sec.354of Shall be punished with

force to women with IPC imprisonment of either
intend to outrage her description for a term
modesty which may extend to 2
both.
4. Assault or criminal Sec.355 of Shall be punished with

force with intent to IPC imprisonment of either
dishonour person, description for a term
otherwise than on grave which may extend to 2
provocation years or with fine or with
both
5,Assault or criminal Sec.356of IPC Shall be punished with

force in attempt to imprisonment of either
commit theft of property description for a term
carried by a person which may extend to 2
324

both.

force in attempt IPC imprisonment of either
wrongfully to confine a description for a term
person which may extend to 1
year or with fine which
may extend to Rs. 1000,or
with both.

force on grave IPC imprisonment of either
provocation description for a term
which may extend to 1
month or with fine which
may extend to Rs.200 or
with both.
1. Assaulting, resisting or Sec. 111 of Be fined under this title or
U.S.A impeding U.S.Code. imprisoned not more
Certain officers or than 1 year, both. In
employees. other cases be find under
this title or imp. not more
2. Protection of foreign Sec.112 of Shall be fined under this

officials, official guests U.S.Code title or imprisoned not
and international more than 20 years or
protected persons. both.
2-a. Violation of the other Shall be fined under this

provisions of this section. title or imprisoned not
more than 6months or
both.
3. Assault within maritime Sec.113 of Shall be fined under this

and territorial jurisdiction. U.S.Code title or imprisoned not
more than 10 years or
both.
3(a) Assault with intent to The imp. not more than
commit murder. 20 years.
3(b) Assault with intent to Fined under this title or

commit any felony. imp. for not more than 10
years or both.
3( c) Assault with Fined or imp. not more

dangerous weapon. than 10 years or both.
3(d) Assault by striking, Fined or 6 months imp. or

325
beating or wounding. both.
3(e) Simple Assault. Fined or imp. for 6

months or both.(if victim
is not attained the age of
16 years fine and imp.
nor more than 1 year or
both.
3.{f) Assault resulting in Fine or imp. for not more

serious bodily injury. than 10 years or both.
3(g) Assault resulting Fine or imp. not more

In substantial bodily than 5 years.
injury.
4. Maiming with in Sec. 114 of Shall be fined under this

maritime and territorial U.S.Code title or imp. not more than
jurisdiction. 20- years or both.
5. Influencing, impeding, Sec.115 of Shall be fined as

or relating against a U.S.Code provided in Sec.111 i.e.
federal official by fine or 8 years imp./ fined
threatening or injuring a or not more than 20
family member. years.
5(1) If a threat made in Shall be punished or

violation of the section. imp. for a term not more
6. Female genital Sec.116 of Shall be fined under this

mutilation. U.S.Code title or imp. not more than
5 years or both.
7. Domestic assault by an See.117 of Shall be fined under this

habitual offender. U.S.code title imp.for a term not
more than 10 years.
1. If any deadly or Sec.42 of A fine of £50 or

ENGLAND dangerous weapon is Offences imprisonment for 2
used to unlawfully assault against the months in addition to any
a person. person Act costs which may ordered
1861 (As him to pay.
amended by
the criminal
justice Act
1925
&1967,Sched
u.3)
326
2. Where any person Sec.43 of the Fine of £100 or imp. for

Unlawfully assaults or offences six months in addition to
beats any person against the any cost which may be
person ordered.
Act. 1861
3 Common Assault Sec.47 of the Imprisonment for 1 year

offences
against the
Person Act
1861
3. i)Assault occasioning Imprisonment upto 5

actual bodily harm years.
4. Causing grievously Sec. 18 of the Imp. for life

bodily harm offences
against the
Person Act
1861.
5. Causing bodily harm Sec.20 of the Imp. for 5 years.

with or without weapon. offences
Sec. 21 of Imprisonment of life.

6. Strangling. Offences
against the
Person Act
1861.
7. Administration of drugs Sec.22 of Imprisonment of life.

and poisons etc. offences
against the
persons Act
1861.
8. Unlawfully and Sec,.30 of

maliciously to place or Offences Upto 14 years Imp.
throw on, upon, against Against the
or near any building, ship Persons Act
or wind. 1861.
9. In possession of Sec. 64 of 2 years Imp.

dangerous, explosives Offences
and noxious things. Against the
Persons Act
1861.
10. Offences concerning Sec. 32 Imp. for life.

327
railways. Offences
Against the
Persons Act
1861
4FRANCE 1. Acts of violence Art.227-7 15 years criminal imp.

Causing unintended
death.
2.(i) The offence defined

under Art.227-7is
punished with 20 year
imp. in the following
occasion
a) against the minors Art.222-8 20 years imprisonment.

under 15 year of age
b) against the person Art.222-8 20 years imp.

who is particularly
vulnerable due to age
etc.
c) against natural or Art.222-8 20 years imp.

legitimate ascendant.
d) against the judges, Art.222-8 20 years imp.

prosecutor etc.
e) against the victim, Art.222-8 20 years imp.

witness etc.
f) by the spouse or Art.222-8 20 years imp.

cohabitee of the victim.
g)by a person holding
public authority Art.222-8 20 years imp.
h) by several persons
acting as perpetrators Art. .222-8 20 years imprisonment
i) with premeditation Art..222-8 20 years imp.
j) with the use or Art..222-8 20 years imp.

threatened use of
weapon
2(2) If offence committed Art. 222-8 30 years criminal

defined under Art.222-7 imprisonment.
against a minor by
natural adoptive
328
ascendant or any other

person having authority
over the minor.
3. Violence causing Art.222-9 10 years imp. and a fine

mutilation or permanent of €1,50,000
disability.
4. Acts of violence 3 years imp. and a fine of

causing a total incapacity Art.222-11 €45,000
to work more then 8
days.
CANADA 1. Every one commits an Section 264-1 a) An indictable offence

offence who, any ofC.P.C. and punishable with imp.
manner, knowingly utters, for a term not exceeding
conveys or causes any 5 years.
person to receive a threat
a) to cause death, bodily
harm
b) to burn, destroy or b) Punishable on
damage a personal summary conviction and
property or liable to imp. for a term
not exceeding 18 months.
c) to kill poison or injure c) Punishable on

animal or bird i.e. the summary conviction and
property of any person. liable to imp. for a term
2. A person commits an Section An indictable offence and

assault a) without the 265-1 of liable to imprisonment for
consent of the another C.P.C. a term not exceeding 5
person b) he attempts or years or an offence
threatens by an act or punishable on summary
gesture c) while openly conviction.(f. Art.Sec.266
wearing weapon. ofC.P.C)
3. Aggravated assault. Section An indictable offence and

268-1 of liable to imp. for a term
C.P.C. not exceeding 14 years.
4. Unlawfully causing Section An indictable offence and

bodily harm. 269 of C.P.C. liable to imp. for a term
not exceeding 10 years
or punishable on
summary conviction and
liable to imp. for a term
329
5. Assaulting Peace Section An indictable offence and

Officer.. 270 of C.P.C. liable to imp. for a term
not exceeding 5 years or
punishable on summary
conviction.
6. Sexual Assault Section 271 of An indictable offence and

C.P.C. liable to imp. for a term
not exceeding 14 years
and a minimum
punishment of imp. in
case of 1st offence is 5
years, in case of 2nd
offence 7 years, if used
any fire arm 14 years
imp.
330
4. FORGERY
1.Punishment for Shall be punished

INDIA forgery Sec.465 of IPC with imprisonment
of either
description for a
term which may
extend to 2 years
or with fine or with
both.
2. Forgery of record of Shall be punished

Court or of public Sec.466 of IPC with imprisonment
register etc.,, of either
description for a
term which may
extend to 7 years
and shall also
liable for fine.
3. Forgery of valuable Shall be punished

security, will, etc., Sec.467 of IPC with imprisonment
for life or with
imprisonment of
either description
for a term which
may extend to 10
years and shall
4. Forgery for the Shall be punished

Sec.468 of IPC
purpose of cheating with imprisonment
of either
description for a
term which may
extend to 7 years
and shall also
liable to fine.
5. Forgery for the
purpose harming Shall be punished
Sec.469 of IPC
reputation with imprisonment
of either
description for a
term which may
extend to 3 years
and shall also
liable to fine.
6. Using as genuine a
forged document Shall be punished
331
Sec.471 of IPC which may extend

to 2 years or with
fine or with both.
7. Making or Shall be punished

possessing with imprisonment
counterfeit seal, etc. Sec.472 of IPC for life or with
with intent to commit imprisonment of
forgery, punishable either description
under Sec.467 for a term which
may extend to 7
years and shall
8. Making or
possessing counterfeit Shall be punished
seal, etc. with intent to Sec.473 of IPC with imprisonment
commit forgery of either
punishable otherwise. description for a
term which may
extend to 7 years
and shall also
liable to fine.
9. Having possession
of document Sec.474 of IPC Shall be punished
described in Sec.466 with imprisonment
or 467, knowing it to for life or with
be forged and .imprisonment of
intending to use it as either description
genuine. for a term which
may extend to 7
years and shall
10. Counterfeiting Shall be punished

device or mark used with imprisonment
for authenticating Sec.475 of IPC for life or with
documents described imprisonment of
in Sec.467 or either description
possessing counterfeit for a term which
marked material. may extend to 7
years and shall
11. Counterfeiting Shall be punished

device or mark used with imprisonment
for authenticating of either
Sec.476 of IPC
documents other than description for a
those described in term which may
Sec.467, or extend to 7 years,
332
possessing counterfeit and also shall

marked material. liable to fine.
12. Fraudulent Shall be punished
cancellation, Sec.477 of IPC with imprisonment
destruction etc. of will for life or with
authority to adopt or imprisonment of
valuable security. either description
for a term which
may extend to 7
years and shall
Shall be punished
13. Falsification of with imprisonment
Sec.477-A of
accounts of either
IPC description for a
term which may
extend to 7 years
or with fine or
both.
1 Obligations or Shall be fined

Securities of United under this title or
2. U.S.A Sec.471 of
States imprisoned not
U.S.C more than 20
years, or both.
2.Uttering Counterfeit Shall be fined

obligations or under this title or
U.S.C-Sec.472
Securities imprisoned not
more than 20
years, or both.
3.Dealing in
counterfeit obligations U.S.C-Sec.473 Shall be fined
or securities under this title or
imprisoned not
more than 20
years, or both.
4 Plates, stones, or Imp. for life or

analog, digital, or minimum of 20
electronic images for U.S.C-Sec.474 years imp. and
counterfeiting fine upto $
obligations or 1,00,000
securities.
6 Deterrents to Imp. for life or

counterfeiting of minimum of 20
obligations and years imp. and
333
securities. U.S.C-Sec.474A fine upto $

1,00,000.
7.. Imitating
obligations or Shall be fined.
securities; U.S.C.
advertisements Sec.475
8. Taking impressions Shall be fined

of tools used for under this title or
obligations or U S.C. imprisoned not
securities. Sec. 476 more than 25
years or both.
9. Possessing or Shall be fined

selling impressions of under this title or
tools used for U.S.C. imprisoned not
obligations or Sec.477 more than 25
securities. years or both.
Shall be fined
10. Foreign under this title or
obligations U.S.C. imprisoned not
or securities. Sec. 478 more than 20
years or both.
Shall be fined
11. Uttering under this title or
counterfeit foreign U.S.C. imprisoned not
obligations or Sec. 479 more than 20
securities. years or both
12. Possessing Shall be fined

counterfeit foreign under this title or
obligation or U.S.C. imprisoned not
Securties. Sec. 480 more than 20
years or both
Shall be fined
13.. Plates, stones, or under this title or
analog, digital, or U.S.C. imprisoned not
electronic images for Sec. 481 more than 25
counterfeiting foreign years or both.
obligations or
securities.
Shall be fined or
14. Foreign Bank imprisoned not
Notes U.S.C. more than 20
Sec. 482 years or both.
334
15. Uttering Shall be fined or

counterfeit Foreign U.S.C. imprisoned not
Bank Notes. Sec.483 more than 20
years or both.
16. Connecting parts Shall be fined

of different Notes. U.S.C- under this title or
Sec.484 imprisoned not
more than 10 years
or both.
17. Coins or Bars Shall be fined or

U.S.C.- imprisoned not
Sec.485 more than 15
years or both.
18. Uttering coins of Shall be fined

Gold, Silver or other U.S.C. under this title or
metal. Sec.486 imprisoned not
more than 5 years
or both.
19. Making or Shall be fined

possessing counterfeit U.S.C. Sec.487 under this title or
imprisoned not
more than 15
years or both.
1. The Forgery of the Imprisonment for

3.ENGLAND
specific documents, if Sec.2 of Forgery life.
committed with intent Act, 1913
to defraud.
1(a). Forgery of any

certificate of Upto 14 years
Commissioners of imprisonment.
inland revenue or any
other Commissioners
acting under the
Income Tax Act.
3. The Forgery of Upto 14 years

large number of public Sec. 3 of Forgery imprisonment.
documents, if Act,1913
committed with intent
to defraud or deceive.
335
4. The Forgery of any

document, if Sec.4 of Imprisonment upto
committed with intent Forgery Act, 1913 2 years.
to defraud or in the as amended by
case of public Criminal Law Act
document, with intent 1967
to defraud or deceive.
5. Demanding money Upto 14 years

on forged instruments. Sec. 7 of imprisonment.
Forgery Act,1913
6. Forged wrapper or Upto 14 years
label provided by or Sec. 8 of Forgery imprisonment.
under the authority of Act, 1913.
the Commission of
inland Revenue or of
customs and excise.
1 .Any fraudulent Forgery and use

4. FRANCE alteration of the truth Article 441-1 of forgeries is
liable cause harm and punished by 3
made by any means, years imp. and a
in a document, other fine of €45,000
medium for
expression of which
the object is, or effect
may be to provide
evidence of the right
or of a situation
carrying legal
consequences.
5 years imp. and a
2. Forgery committed fine of €75,000.
in a document Art.441-2
delivered by a public
body for the purpose
of establishing a right,
identity or a capacity
or to grant an
authentication.
7 years imp. and a
2(i) If forgery is fine of €1,00,000.
committed by a
person holding public
authority, habitually,
or with intent to
facilitate the
commission of any
336
felony or to gain
impunity for the
perpetrator.
3. The unlawful Punishment 2

possession of any Art.441-3 years imp. and
forged document. fine of €30,000.
3(i) More than one 5 years imp. and a

forged documents fine of €75,000.
are in unlawful
possession.
4. Forgery in an 10 years imp. and

authentic or public Art.441-4 a fine of
document. €1,50,000.
4{i) If forgery is
committed by a 15 years imp. with
person holding public a fine of €225,000.
authority.
5. Unlawfully 5 years imp. and a

procuring for another Art.441-5 fine of €75,000.
person a document
delivered by a public
body.
7 years imp. and
5(i) If offence is to a fine of
committed by a €1,00,000
person holding public
authority, habitually or
with intent to facilitate
the Commission of
felony.
6. Unlawfully Punishable by 2
obtaining from a Art. 441-6 years
public administration imprisonment and
or from an institution a fine of €30,000
discharging a public
service mission, by
any fraudulent means,
any document
intended to establish
a right etc.
7. Offence was 3 years imp. and a

committed with a view Art.441-7 fine of €45,000.
to prejudice the public
337
treasury or the estate

of another person,
8. Any person acting A penalty of 2
in the exercise of his years imp. and a
profession either Art.441-8. fine of €30,000.
directly or indirectly
makes offers,
promises etc to
produce an attestation
or certificate stating
facts but are
materially inaccurate.
9. Any alien convicted Banished from the

any of the offence Art 441-11 French Territory
relating to forgery. either permanently
or maximum
period of 10 years.
5. CANADA1 1. Every one commits Liable to

forgery who makes a Section 366(1) of imprisonment for a
false document, C.P.C. term not
knowing it to be false. exceeding 10
years or is guilty of
an offence
punishable on
summary
conviction.
2. Use, trafficking or Is guilty of as an

possession of forged Section 368(1) of indictable offence
document. C.P.C. and liable to imp.
for a term not
more than 10
years, or
punishable on
summary
conviction.
1 http;//laws.justice.gc.ca/en/C-46/
338
5. SEXUAL OFFENCES
COUNTRY OFFENCE SECTION OF PUNISHMENT

LAW
INDIA 1 .punishment for rape Sec 376 of 1.Shall be punished with
I.P.C. imprisonment of either
description for a term which
shall not be less than 7 years
but which may be for life or for
a term which may extend to 10
years and shall also liable to
fine.
2. Intercourse by a Sec.376-A 2. If woman raped by his own

man with his wife Of I.P.C. husband shall be punished
during separation. with imprisonment of either
description for a term which
may extend to 2 years or with
fine or with both.
3. Intercourse by Section 376-B of Shall be punished with

public servant with I.P.C imprisonment of either
woman in his description for a term which
custody. may extend to 5 years and
4. Intercourse by Section 376-C of Shall be punished with

Supdt. of Jail, I.P.C. imprisonment of either
Remand home etc. description for a term which
may extend to 5 years and
5. Intercourse by any Sec. 376-D of Shall be punished with

member of the I.P.C. imprisonment of either
Management or staff description for a term which
of a hospital with any may extend to 5 years and
woman in that shall also liable to fine.
Hospital.
6. Whoever Sec.377 of Shall be punished with

voluntarily as carnal I.P.C. imprisonment for life or with
intercourse against imprisonment of either
the order of the description for a term which
nature with any man, may extend to 10 years and
woman or animal. shall also liable to fine.
339
U.S.A. 1, Aggravated sexual USC Code 1 .(a) Shall be find under this
abuse Sec.2241 title, imprisoned for any term of
1(a) By administering years or life or both.
any drug forcibly
without the
knowledge engages
in a sexual act with
other person.
1 (b) Any person U.S.C.Code 1(b). Shall be find under this

knowingly engages in Sec.2241 title imprisoned for any term of
a sexual act with years or life or both.
another person who
has not attained the
age of 12 years.
1 (c) If the defendant U.S.C.Code 1( c)Shall be sentenced to life

previously convicted Sec.2241 in prison.
under this section
2. Sexual abuse U.S.Code Shall be fined or imprisoned

Sec.2242 not more than 20 years, or
both.
3. Sexual abuse of U.S.Code

minor or ward Sec.2243
3.(1) Of a Minor U.S.Code (i) Fined or imprisoned not

Sec.2243 more than 15 years or both.
3(2) Of a Ward U.S.Code (2) Fined or imprisoned

Sec.2243 Not more than 5 years or both.
4. Abusive sexual U.S.Code 1. Under Sec.2241 sexual

contact Sec.2244 contact been a sexual act
fined or imprisoned not more
2. U/S 2242 sexual contact in
sexual Act shall be fined or
imp. not more than 3 years or
both.
3. U/S 2243 and sub-section
(a) or b) sexual contact been a
sexual act shall be fined or
imprisoned not more than 2
years or both.
4. In other circumstances shall
340
be fined or imprisoned not

more than 2 years or both.
5. The maximum term of
Offences involving imprisonment that may be
young children. imposed for the offence shall
be twice.
5. Sexual abuse U.S.Code Shall be punished by death or

resulting in death Sec.2245 imprisoned for any term of
years.
ENGLAND 1. If any person has Sec. 1(1) of the

sexual intercourse Sexual Offence
with a woman without Act 1956(as
her consent by force, amended by
by fraud and when Criminal Act
she is asleep 1967)
1 .a) Attempt to rape Imprisonment upto 7 years
2. Indecent assault Sec. 6 of Imp. 7 years

Criminal Law Act
1967
3.Unlawful sexual Sec. 5 of the Imprisonment for life, in case
Intercourse with a Sexual Offence of attempt.
girl under the age of Act 1956
13 years.
4.Any male person Section 10 of the Imprisonment up to 7years

who has sexual Sexual offences and if female is under 13,
intercourse with a Act 1956 imprisonment t for life.
female who is to his
knowledge, his grand
daughter etc.
5. A female of or Section 11 of the Imprisonment upto 2 years for

above the age of 16 Sexual offences attempt.
years who permits Act 1956.
her grand father,
brother or son to
have sexual
intercourse with her.
6. Any person male Section 14 of the Imprisonment upto 5 years if

or female to make an Sexual offences the girl is under 13 years
indecent assault upon Act 1956 .other-wise 2 years imp.
a female.
7. Any person who Section 1 of Punishable upto 2 years

commits an act of Indecency with On summary conviction 6
341
gross indecency with Children Act months imp and £400.

or towards a child 1960.
under age of 14.
8. Any person having

the custody, or Section 3 of the On indictment upto 2 years or
charge or care of a Children & on summary conviction 6
child between 14 & young persons months imp. and 400 Pounds
19. to allows it to Act, 1933. fine.
reside in or frequent,
brothel
9. Unnatural Section 12 of Imprisonment for life if with a

offence(buggery). Sexual Offences boy under 16 years or with a
Act 1956. woman or animal. 10 years
imprisonment, if with a man
who did not consent.
FRANCE 1. Any act of sexual Art.222-23 Punishable by 15 years

penetration, whatever criminal Imprisonment.
its nature, committed
against another
person by violence,
constrain, threat or
surprise.
2. If this offence is Art.222-24. 20 years criminal Imp.

causes mutilation or
permanent disability,
commits against any
minor, against any
weak person etc.
3. If this offence
caused death. Art, 222-25 30 years Imprisonment.
4.When the offence is

accompanied or Art.222-26 Imprisonment for life..
followed by a torture
or acts of Barbarity.
5. Sexual aggression
other than Rape. Art.222-27 5 years Imprisonment and a
fine of €75,000.
6. Sexual
aggressions other
than rape. Art.222-29 Seven years imp. and a fine of
€75,000.
7. An indecent sexual
342
exposure imposed on
the view of others in Art. 222-32 One year imp. and a fine of
public place. €15,000.
CANADA 1. Every one who Section 271-1 of Imp. for a term not exceeding
commits sexual C.P.C. 10 years. On summary
assault is guilty of conviction liable to imp. not
an offence more than 18 months.
2. Every person who Section 271-2 of Not exceeding 14 years.

commits an offence C.P.C.
with a fire arm or
without any authority.
2.a) In case of 1st Minimum 5 years.

offence
b) In case of 2nd Minimum 7 years.
offence.
c) In any other case. Maximum Imp. 14 to Min.lmp.4
years.
3. Aggravated sexual Section 273 of Imp. for life.

assault C.P.C.
a) In case of 1st a)A minimum Imp. for 5 years.
offence
b) In case of 2nd b)Minimum Imp. 7 years.

offence.
c) In any other case c)Minimum Imp. 4 years, Max.
14 years.
6. THEFT
COUNTRY OFFENCE SECTION PUNISHMENT

OF LAW
1. INDIA 1. Punishment for theft Sec. 379 of Shall be punished with
I PC imprisonment of either
years or with fine, or with
both.
2. Theft in dwelling house, Sec.380 of Shall be punished with

etc. IPC imprisonment of either
343
which may extend to

7years and shall also
liable to fine.
3. Theft by clerk or Sec.381 of Shall be punished with

servant of property in IPC imprisonment of either
possession of master. description for a term
which may extend to
7years and shall also
liable to fine punished
with imp. for life.
4, Theft after preparation Sec.382 Shall be punished with

made for causing death, of I.P.C. rigorous imprisonment for
hurt or restrain in order to a term which may extend
the committing of the to 10 years and shall also
theft. liable to fine.
Sec.641 Shall be Imprisoned not

U.S.A. 1.Public money, property Of U.S.C more than ten years or
or records, if the doesn’t both.
exceed $1000.
2,Tools and materials for Sec.642 Shall be Imprisoned not

counterfeiting purposes. Of U.S.C. more than ten years or
both.
3. Banker receiving Sec.644 of Shall be fined not more

unauthorized deposit of U.S code than the amount so
public money. embezzled whichever is
greater, or imprisoned not
more than ten years, or
both.
4. Court officers
depositing registry Sec.645 of Shall be fined not more
moneys. U.S.C than the amount so
embezzled whichever is
both.
5. Court officers generally Sec.646 of Shall be fined or not more

U.S.C. than the amount
embezzled, which ever is
both.
344
6. Receiving loan from Sec.647 of Shall be filed not more

Court Officer U.S.C than the amount
embezzled which ever is
greater or imprisonment
not more than 10 years or
both, but amount not
exceeds $ 1000 Fined or
imp. not more than 1 year
or both.
7. Custodians, generally Sec.648 of Shall be filed not more

misusing public funds. U.S.Code than the amount
embezzled which ever is
greater or imprisonment
not more than 10 years or
both, but amount not
exceeds $ 1000 Fined or
or both.
8. Theft by bank examiner Sec.655 of Fined or imp. not more

U.S.Code than 5 years or both. If
the amount not exceed
$1000 he shall be fined or
or both and he shall be
disqualified from holding
office.
9. Theft or embezzlement Sec.664 of Fined or imprisoned not

from employee benefit U.S.Code more than 5 years or
fund. both.
10. Theft of livestock Sec.667 of Fined or imprisoned not

U.S.Code more than 5 years or
both.
1. Theft is an indictable Sec.7 of Imprisonment for ten

ENGLAND years1.
offence if any person is Theft Act
guilty of theft if he 1968
dishonestly appropriate
property belonging to
another with the intention
of permanently depriving
the other of it.
2. A person commits an Sec.25 of Imprisonment for 3 years

offence if, when not at his Theft Act,
place of abode, he has 1968
with him any article for
345
use in the course of, or in

the connection with any
burglary or theft or cheat.
3. Where a person Sec. 9 of Imprisonment for 14 years

commits offence of Theft Act (S.9 (4))
burglary. 1968
FRANCE 1. Theft is the fraudulent Art.311-1 3 years imprisonment and

appropriation of a thing a fine of €45,000. (
belong to another person. Art.311-3).
2. Where theft is Art 311-4 1. Punished by 5 years

committed by several imprisonment and a fine
persons, by a person of €75,000
holding public authority, (The punishment will be
by a person discharging increased upto 10 years
public service, where it is and a fine of €150,000
accompanied by violence, basing on the
where it is felicitated state circumstances of the
of vulnerable persons and case.
where it is proceeded,
accompanied by any act
of destruction, damage or
deterioration.
2(i) If theft committed in Sec.311-4 Punished by 7 years imp.

two circumstances and a fine of €100,000
2lii) Where the theft is Sec. 311-4 The punishment will be

commited in 3 of the increased upto 10 years
circumstances mentioned and a fine of €150,000.
in Art. 311-4
3. Theft is accompanied Art.311-5 Punished by 7 years

or followed by act of imprisonment and a fine
violence upon other of €100,000.
person, causing a
maximum total incapacity
to work of 8 days.
4. If theft is accompanied Art.311-6 Punished by 10 years

followed by act of imprisonment and a fine
violence upon other of €150,000.
person, causing a
maximum total incapacity
to work more than 8 days.
5. When theft is Art.311-7 Punished by 15years

346
proceeded, accompanied imprisonment and a fine

or followed by acts of of €150,000.
violence upon other
persons causing
mutilation or permanent
disability
6. If any weapon is used Art.311-8 Punished by 20 years

in committing the offence. imprisonment and a fine
of €150,000.
7. Theft is committed by Art. 311-9 15 years criminal

an organized Gang. imprisonment and fine of
€150,000.
CANADA 8. Theft is committed by Art.311-10 Punishment by criminal

causing death. imprisonment for life and
fine of€150,000.
1 .Every one commits theft Sec.322(1) Except where otherwise
who fraudulently and ofC.P.C. provided by law every one
without colour of right who commits theft is
takes, fraudulently and liable to imprisonment for
without colour of right a term not exceeding 10
converts to his use or the years if the stolen
use of another person, property is exceeds cost
anything, whether of $5000 or is guilt of
animate or inanimate to indictable offence and is
deprive, to pledge it, to liable to imprisonment for
part with, to deal with it. a term not exceeding 3
years or an offence .
punishable on summary
conviction.(S.334 of
C.PC)
2. Taking motor vehicles Sec.335(1) Punishable on summary

or vessel or found therein ofC.P.C. conviction.
without consent.
3. Fraudulently taking Sec.338(1) Guilty of indictable

cattle or defacing brand. of C.P.C. offence liable to imp. for a
term not exceeding 5
years.
4. Taking possession etc. Sec.339 of Imprisonment for a term

of drift timber. C.P.C. not exceeding 5 years
5. Theft, forgery, etc. of Sec.342(1) Liable to imprisonment for

credit cards ofC.P.C. a term not exceeding 10
years or punishable on
summary conviction.
347
7. MISCHIEF
OF LAW
1. INDIA 1. Punishment for Sec.426 of Shall be punished with
mischief IPC imprisonment of either
months or with fine or
with both.
2. Mischief causing Sec.427 Shall be punished with

damage to the amount of Of I.P.C. imprisonment of either
fifty rupees description for a term
years or with fine or
with both.
3. Mischief by killing or Sec.428 of Shall be punished with

maiming animal of the I.P.C. imprisonment of either
value of ten rupees description for a term
which may extend to
2years or with fine or
with both.
4. Mischief by killing or Sec.429 of Shall be punished with

maiming cattle, etc., of I.P.C imprisonment of either
any value or any animal description for a term
of the value of fifty which may extend to 5
rupees years or with fine or
with both.
5. Mischief by injury to Sec,430of Shall be punished with

works of irrigation or by I.P.C. imprisonment of either
wrongfully diverting description for a term
water. which may extend to 5
with both.
6. Mischief by injury to Sec,431of Shall be punished with

public road, bridge, river I.P.C. imprisonment of either
or channel. description for a term
1 At common Law the punishment for a misdemenour was at large. The term of imprisonment or the amount of fine was at
the discretion of the court. R.VS. Morris 1951) 1 K.B. 394.

348
with both.
7. Mischief by causing Sec.432 of Shall be punished with

inundation or obstruction I.P.C. imprisonment of either
to public drainage description for a term
attending with damage. which may extend to 5
with both
8. Mischief by destroying, Sec.433of Shall be punished with

moving or rendering less I.P.C. imprisonment of either
useful a lighthouse or description for a term
sea-mark. which may extend to
with both
9. Mischief by destroying Sec.434of Shall be punished with

or moving etc., a land I.P.C imprisonment of either
mark fixed by public description for a term
authority. which may extend to 1
year or with fine or with
both
10. Mischief by fire or Sec.435of Shall be punished with

explosive substance with I.P.C. imprisonment of either
intent to cause damage description for a term
to amount of one which may extend to 7
hundred (in case of agrl years or with fine or
produce) or ten rupees with both.
11. Mischief by fire or Sec.436of Punishable with life or

explosive substance with I.P.C with imprisonment of
intent to destroy house, either description for a
etc. term which may extend
to 10 years or with fine
or with both.
12. Mischief with intent to Sec.437of Shall be punished with

destroy or make unsafe a I.P.C imprisonment of either
decked vessel or one of description for a term
twenty tons burden which may extend to
with both.
13. Punishment for the Sec.438 of Shall be punished with

mischief described in I.P.C. imprisonment of either
section 437 committed by description for a term
fire or explosive which may extend to 10
substance years or with fine or
with both
349
14.Punishment for Sec.439 of Shall be punished with

intentionally running I.P.C imprisonment of either
vessel around or ashore description for a term
with intent to commit which may extend to
theft, etc. 10years or with fine or
with both.
15. Mischief committed Sec.440 of Shall be punished with

after preparation made I.P.C imprisonment of either
for causing death or hurt. description for a term
with both
2.U.S.A
1. Mischief caused to Sec. 1361 of If the cost of the
Govt, property or U.S.Code property exceeds
contracts $1000,shall be
punished with fine or
imprisonment not more
than 10 years, or both.
2. Who ever willfully or Sec. 1362 of Shall be fined or

maliciously injures or U.S.Code imprisoned not more
destroys the things than 20 years or both.
relating Communication
lines, station or systems
3. Mischief regarding Sec. 1363 of Shall be fined or

buildings or property U.S.Code imprisoned not more
within special maritime than 20 years or both.
and territorial jurisdiction.
4. Interference with Sec. 1364 of Shall be fined or

foreign commerce by U.S.Code imprisoned not more
violence. than 20 years or both.
5. Tampering with Sec. 1365 of

Consumer products. U.S.Code
a) In case of attempt. Shall be fined or

imprisoned not more
b) If death of an Shall be fined or

individual results. imprisoned for life or
both.
c) If serious bodily injured Shall be fined or

350
caused. imprisoned for more

d) In any other case. Shall be fined or

imprisoned for more
3.ENGLAND
All the offences of the This is the
public nature , that is, common law Fine and imprisonment.
such acts or attempts as offence.
tend to the prejudice of
the community1
constitute indictable
misdemeanor of public
mischief at common law.
4.FRANCE
1 .Any person commits an Art.322-1 Two years
act with an intention to imprisonment and a
destroy, defects, or fine of €30,000
damage any property
belongs to others
2.Where the property is Art.322-2 Three years

intended to public use ,or imprisonment and a
original document of fine of €45,000
public authority, or a
classified building or an
article of historical value
5.CANADA
1 .Every one commits Sec.430(1)
mischief who willfully ofC.P.C
destroys or damages
property; renders
property useless or
dangerous etc.,
a) If causes danger to Imprisonment to life.
life.
b)in relation to property imprisoned for not
more than 10 years or
both.
2.Mischief relating to Sec.430(4) imprisoned for not
religious property. ofC.P.C more than 10 years or
both, or under of
summary conviction
Imp. not exceeding 18
months.
3. Mischief relating to Sec.430(4- imprisoned for not

cultural property. 2) ofC.P.C more than 10 years or
both, or under of
summary conviction .
351
8. CONSPIRACY
OF LAW
1.INDIA 1. Punishment Of Sec.12Q-B(i) Where no express provision
Criminal Conspiracy of I.P.C is made in this code for the
punishment of such a
conspiracy be punished in the
same manner as he abetted
such offence.
Sec.120-B(ii) Shall be punished

of I.P.C., imprisonment for a term
which may not extending to 6
months or with fine or with
both.
1. Conspiracy to Sec. 371 of Shall be fined or imprisoned

2.U.S.A Commit Offences Or To U.S.Code not more than 5 years, or
Defraud The United both.
States.
2. Conspiracy to Sec.372 of Shall be fined or imprisoned

impede or injure officer U.S Code not more than 6 years or both
3. Solicitation to commit Sec.373 of Shall be imprisoned not more

a crime of violence. U.S.Code than one-half the maximum
term of imprisonment or fined
not more one- half of the
maximum fine prescribed for
the punishment of the crime
solicited, or both; or if the
crime solicited is punishable
by life imprisonment or death,
shall be imprisoned not more
than 20 years.
3.ENGLAND Fine and Imprisonment1.
1. Conspiracy is an It is common
indictable offence at law offence.
common law.
2. Conspiracy to Sec.4 of the Imprisonment upto 10 years.

murder Offences
against
352
Person Act
1861.
3. Any person Section 16 of Imprisonment for life.

maliciously to send, the offences
deliver, utter, or directly against the
or indirectly cause to be Person Act
received, knowing the 1861.
contents thereof, any
letter or writing
threatening to kill or
murder any person.
4.FRANCE
1.A criminal association Art.450-1 Punished with atleast 5 years
consists of any group imprisonment.
or any conspiracy
established with a view
to commit any offence.
2. Where the offences Art.450-1 Punished by 10 years imp.

contemplated are
felonies or
misdemeanors
3. The participation in Art.450-1 5 years imp. and a fine of

criminal association. €75,000.
5.CANADA
Every one who Sec.465(1) Liable to a maximum period
conspire with another of Imp. .for life.
to cause murder or to
cause to murder
another person
a) Every one who

conspire with another Imprisonment not exceeding
to prosecute another ten years or not less than 5
for alleged offence, years as the case may be
knowing that he did not
commit that offence
9.EXT0RTI0N
353
COUNTRY OFFENCE SECTION OF LAW PUNISHMENT

1.INDIA 1.Punishment Sec.384 of I.P.C. 1 Shall be punished with
for extortion imprisonment of either
both.
2. Putting Sec.385 of I.P.C. shall be punished with

person in fear of imprisonment of either
injury in order to description for a term
commit which may extend to
extortion 2years or with fine or with
both.
3. Extortion by Sec.386 of I.P.C. Shall be punished with

putting a person imprisonment of either
in fear of death description for a term
or grievous hurt which may extend to10
both.
4. Putting Sec.387of I.P.C Shall be punished with

death or of description for a term
grievous hurt, in which may extend to
order to commit 7years or with fine or with
extortion. both.
5. Extortion by Sec.388 of I.P.C. Shall be punished with

threat of imprisonment of either
accusation of description for a term
an offence which may extend to 10
punishable with years and shall also liable
death or to fine; and, if the offence
imprisonment be one punishable u/s 377
for life, etc. of I.P.C. may be punished
with imp. for life.
6. Putting Sec.389 of I.P.C Shall be punished with

accusation of description for a term
offence, in order which may extend to 10
to commit years and shall also liable
extortion to fine; and, if the offence
be one punishable u/s 377
of I.P.C. may be punished
with imp. for life
2.U.S.A
354
1 .Threats Sec. 871 of U.S.C Shall be fined under this

against the title or imprisonment not
President and more than 5 years, or
successors of to both.
the Presidency.
2. Extortion by Sec.872 Shall be fined under this

officers or Of U.S.C. title or imprisonment not
employees of more than 5 years, or
the United both.
States If extorted amount does
not exceed $1000 he shall
be fined under this title or
imp. not more than one
year or both.
3. Blackmail Sec.873 of U.S.C. Shall be fined under this

title or imprisoned not
more than.....
4. Kick backs Sec.874 Shall be fined under this

from public Of U.S.C. title or imp. not more than
works 5 years, or both.
employees.
5. Interstate Sec.875 of U.S.C Shall be fined under this

communications title or Imp. not more than
a) whoever 20 years or both.
transmits in
interstate or
foreign
commerce any
communication
containing any
demand request
for ransom or
reward for the
release of any
kidnapped
person.
b) Who ever Shall be fined under this

intend to extort tile or Imp. not more than
from any 20 years or both.
person, firm
association or
corporation any
money or other
thing.
355
6. Mailing Sec.876 U.S.C. Shall be fined or

threatening imprisoned not more than
communication 20 years or both.
i) Whoever with Shall be fined or

intent to extort imprisoned not more than
any person any 20 years or both.
money or other
thing
ii) Whoever Fine or 5 year imp. or

threat to kidnap both.
any person
iii) Any
communication Fined or imp. not more
with or without than 10 years or both.
name
addressed to
any other
person
containing
threat or injury
to the property.
7. Mailing Sec.877 of U.S.C. Shall be fined or imp. not

threatening more than 20 years.
communication
from foreign
country
i) containing Shall be fined or imp. not

any threat to more than 20 years.
kidnap.
ii) any threat to Fine or imp. not more than
injure the 5 years or both.
person of
address.
iii) continuing Fine or imp. not more than
any threat to 2 years or both.
injure the
property or
reputation
8. Threats Sec.878 of U.S.C. Fine or imprisonment not

under extortion more than 5 years or both.
Against foreign
official guests or
356
internationally
protected
persons.
8(i) Along with Fine or imprisonment not

violation of more than 20 years or
112,1116,1201 both.
make
extortionate
demand.
(ii) Threat and

extortion Fine or imprisonment not
against a more than 5 years or both.
person
protected by the
Secret service
U/S 3056A
9. Receiving the Sec.880 of U.S.C. Fine or imprisonment not

proceedings of more than 3 years or both.
extortion
3.ENGLAND 1 .A person Sec.21 of Theft Imprisonment up to 14

guilty of black Act.1968.(f. years.
mail Replacing ss.29 to
31 of the Larceny
Act 1916.)
4.FRANCE 1. Extortion is Art.312-1 7 years Imp. and a fine of

the Act of €1,00,000.
obtaining by
violence, by a
threat of
violence or
constraint a
signature, a
commitment or
a renunciation,
or the revelation
of a secret or
the handing
over of the
funds,
securities or of
any asset.
2. If it is Art.312-2 10 years Imp. and a fine

committed of €150,000.
accompanied or
357
followed by acts
of violence or
against the
persons
particularly
vulnerable.
3. It is Art.312-3 15years Imp. and a fine of

committed by €150,000.
causing total
incapacity to
work in excess
of 8 days.
4. If it is Art 312-4 20 years Imp. and a fine

committed of €1,50,000.
following a
mutation or
permanent
disability.
5. When it is Art.312-5 30 years Imp. and a fine

committed by of €150,000
using weapon
6. When it is Art. 312-6 20 years Imp. and a fine

committed by of €150,000.
the organized
gang.
7. When it is Art. 312-7 Imp. for life, and a fine of

committed €150,000.
causing death.
5. CANADA 1. Every one Section 346(1) of Imprisonment for life and

who commits C.P.C. to a minimum
extortion is imprisonment for a term 5
guilty of years in case of 1st
indictable offence and 7 years in
offence. case of 2nd and
(a) If fire arm is subsequent offences.
used.
(b) In any other Imprisonment for life and

case. a minimum of 4 years.
358
- 10. STOLEN PROPERTY

OF LAW
1.INDIA 1. Dishonestly Sec.411of Shall be punished with
receiving stolen IPC imprisonment of either
property description for a term
both.
2. Dishonestly Sec.412 of Shall be punished with

receiving property IPC imprisonment for life, or
stolen in the with rigorous imprisonment
commission of a for a term which may
dacoity extend to 10 years, and
3.Habitually dealing Sec,413 of Shall be punished with

in stolen property I.P.C. imprisonment for life, or
with imprisonment for a
term which may extend to
10 years, and shall also
liable to fine.
4.Assisting in Sec.414 of Shall be punished with

concealment of I.P.C imprisonment of either
stolen property description for a term
years, or with fine or with
both.
1. Transportation of Sec. 2312 of Shall be fined or

2.U.S.A
stolen vehicles. U.S.C. imprisoned not more than
10 years or both.
2. Sale or receipt of Sec.2313 of Shall be fined or

stolen vehicles. U.S.Code imprisoned not more than
10 years or both.
3. Transportation of Sec.2314of Shall be fined or

stolen goods, U.S.Code imprisoned not more than
securities, 10 years or both.
monies, bv produlent
State Tax stamps,
or articles used in
counterfeit.
359
4. Sale or receipt of Sec.2315 of Shall be fined or

stolen goods, U.S.Code imprisoned not more than
securities, monies 10 years or both.
or fraudulent State
Tax stamps,
5. Transportation of Sec.2316 Shall be fined or

Livestock Of U.S.Code imprisonment not more
6. Traffiking in Sec. 2318 of Shall be fined or

counterfeit labels, U.S.Code. imprisoned not more than
illicit labels, or 5 years or both.
counterfeit
documentation or
packaging.
7. Criminal Sec.2319 Any person who commits a

infringement of a Of offence U/S 506(a)(1)
Copy Right. U.C.Code. A,506 (a)(1)B and Sec.5-
6(a)(1) C of title 17 shall
i) In case of 2nd or be punished form 1 year to
subsequent offence not more than 10 years
and fine basing on the
nature of the offence.
8. Unauthorised Sec.2319 A Shall be imprisoned not

fixation of and of U.S.Code more than 5 years or fined
trafficking in sound the amount set forth.
recordings and
music videos of live
musical
performances.
9. Unauthorized Sec.2319-B Shall be imprisoned not

recording of motion of U.S.Code. more than 3 years or fined
pictures in a motion ithe amount set forth.
picture exhibition
facility.
a) In case of 2nd Shall be imprisoned not

offence. more than 6 years or fined
in the amount set forth.
10. Trafficking in Sec.2320 of Shall be fined not more

counterfeit goods or .U.S.C. than $5,000,000 or
services. imprisonment not more
than 20 years or both and
if other than an individual,
360
11. Trafficking in Sec.2321 of Shall be fined or

certain motor U.S.C. imprisoned not more than
vehicles or motor 10 years or both.
vehicle parts
3.ENGLAND 12. Chop Shops Sec.2322 Shall be punished by a fine

Of U.S.C or imprisonment for not
more than 15 years.
lit is an offence Sec. 22 (2) Imprisonment up to 14

punishable on of the Theft years
indictment to handle Act 1968.
stolen goods.
2.Where any public Sec. 23 of the Punishable under

advertisement of Theft summary conviction upto
reward for any Act, 1968 fine of £100.
return of stolen
goods if any person
who prints or
publish the
4. FRANCE
advertisement
unofficially is an
offence.
1.Receiving a thing Art. 321-1 Punished by a 5 years

knowing that which imprisonment and a fine of
is obtained from €375,000.
the product of
felony or
misdemeanour
2.Where it is Art. 321-2 Punished by a 10 years

5.CANADA
committed imprisonment and a fine of
habitually or it is €750,000.
committed by
organized gang
1. Every one Sec.354(1) Imp. for a term not

commits an offence ofC.P.C exceeding 10 years where
who has in the subject matter exceeds
possession of any $5000 imprisonment not
property obtained exceeding 2 years.
from the
commission of
offence punishable
by indictments
361
2.Every one who Sec.357 of Liable to imprisonment for

brings into Canada C.P.C a term not exceeding 10
would have been years.
obtained from theft
or some other
offence
TableNo: 18,Showing the difference in punishments of the offences in
India, England, America, France and Canada.
4,8. Penal Reform International

Penal Reform International1 was founded in London in 1989, and has
members in five continents and in over 80 countries. PRI is an international non
governmental organization working on penal and criminal justice reform world
wide. The organization’s reform work is based on the development and
implementation of international human rights instruments in relation to law
enforcement and prison conditions; the elimination of unfair and unethical
discrimination in all peal measures, the abolition of the death penalty; the
reduction of the use of imprisonment throughout the world; the use of
constructive non-custodial sanctioned which support the social reintegration of
offenders whilst taking into account the interests of victims.
PRI works with other NGOs and with governments in regional programmes
in sub-Sharan Africa, the Middle East, Central and Eastern Europe and Central
Asia,. South Asia, Latin America and the Caribbean. While the organization
shares best practices and expertise across regions, PRI works to develop and
promote culturally specific solutions to criminal justice and penal reform.
1 Commonly known as PRI.

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1,

ANALYSIS OF PUNISHMENTS MENTIONED IN

New sanctions have been devised, new correctional treatment methods

taken into account in the matter of assessing the sentences to be imposed. In

many countries there are laws prescribing sentencing guidelines. The

establishment of a permanent Statutory Committee for the purpose of prescribing

ordered to be under house arrest like other developed countries.

4.2. The Indian Penal Code

The Code contains 511 sections and 32 chapters. It was prepared in

as law on 1-5-1860. But, actually it came in to operation on 1-1-1862 since then it

has been in force subjecting to some occasional modifications through

amendments. In Indian Penal Code several offences were defined and

No punishment can be said to attain its true purpose which is

in its true perspective. Really speaking, there is no absolute criterion or measure

turpitude, but are nonetheless punishable on account of the injury they do or

nuisances and those allied thereto and made punishable by Secs.304-A,336-338.

contract and of marriage obligations. It is not an easy task to classify offences

4.2.1. Scheme of the Indian Penal Code

It opens with a chapter of general explanations, and interpretations of the

responsibility under which a person who otherwise would be liable to punishment

by children1, by accident2 or misfortune without any criminal intention3, offences

committed by lunatics and offences committed in the exercise of the right of

servants, contempt of the lawful authority of public servants, offences relating to

elections perjury: offences relating to coin and Government stamps, to weights

The Code then passes on to offences against property; offences relating to

relating to marriage, offences of cruelty by husband or relatives of husband,

defamation, criminal intimidation, insult and annoyance.

Under this last head is included an attempt to cause a person to do

that he would otherwise become subject to divine displeasure.

provisions has been widened to include offences relating to documents and

amended provisions will include offences relating to documents as well as

1 Sec. 82 & 83 of IPC

4.2.2. Types of punishments mentioned in I.P.C.

Section 53 of Indian Penal Code has prescribed six types of punishments,

namely, death, life, imprisonment, rigorous imprisonment, simple imprisonment,

forfeiture of property and fine. Indian Penal Code is in fact a catalogue of

‘imprisonment’ of both description and fine. Sections 53 to 75 of the I PC

incorporate general provisions relating to punishment for different offences,

types of punishments, including death sentence, life imprisonment and

imprisonment for certain periods, whether the sentence, should be served as

rigorous or simple imprisonment and so on. Provisions relating to imposition of

incorporated in Ss. 63-70, IPC; nature of punishment for offences made up of

several offences is provided for in Ss. 71 and 72. Solitary confinement as

chapter XVI or Ch. XVII of the code for repeat offenders.

4.2.3. The Code in the changing Society

simplistic manner. It is true, in the fitness of things to the current understanding of

individualized treatment and ‘therapeutic’ approach is inapplicable. The only way is

to individualize the punishment by maneuvering the scale of punishment, since the

Code has prescribed only maximum punishment.

Though Law is backdated, it is heartening to note that the scientists and

sociologists have come forward to unfurl a correct understanding of the situation.

To them, crime an act of a deviant who in response to a given phenomena

situation and an act which is a product of personal reaction to a given situation.

not incite people to unearth truth.

4.2.4. Role of Law Commission of India

to .time since Independence. The period of each Commission is 3 years. The

reports of the Law Commissions are considered by the Ministry of Law in

consultation with the concerned administrative Ministry and are submitted to

reports so far on different of subjects of Law. The recommendations of the Law

change of punishment for several sections. Some important suggestions of the

I.L.C or explained below.

offences. In its 51st Report it recommended to the Government about the

compensation for injuries caused in hit-and-run cases, its 84th Report it

Penal Code to curtail the sale of women and children.