PENAL ADMINISTRATION IN INDIA
636.00₹ 795.00₹
- Author: M. K. SAHU
- ISBN: 9789382823728
- Availability: In Stock
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The prime object of criminal law is to protect society
against criminals and law-breakers. For this purpose the law holds out threats
of punishments to prospective lawbreakers as well as attempts to make the
actual offenders suffer the prescribed punishments for their crimes. Therefore,
criminal law, in its wider sense, consists of both the substantive criminal law
and the procedural (or adjective) criminal law. Substantive criminal law
defines offences and prescribes punishments for the same, while the procedural
law administers the substantive law. The golden rule in the criminal justice is
that, “it is better that a thousand or even a million guilty persons should
escape than that one innocent person should not suffer.” The criminal justice
system is based on the principle that the prosecution is forced to prove the
guilt of the accused beyond any reasonable doubt. However, no such burden is
placed on the accused to prove his innocence. He has to rebut the accusations
only. For most of the offences, the law prescribes the maximum sentence but not
the minimum. Power, consequently, is bestowed upon the judicial officers to
impose a suitable sentence in the light of the facts and circumstances of the
individual case. What has to be ensured is that the discretion, which must in
the very nature of things be granted to judicial officers, for this purpose is
exercised in a proper, judicious manner and that is not allowed to degenerate
into some kind of caprice and arbitrariness. This is a standard text book which
deals with the penal system beginning from the ancient times in India to modern
penal administration. In the present book, it has been elaborately discussed
that even though the punishment has been the mainstay of handling and
controlling crime but, over the periods, the philosophy of punishment has
undergone drastic changes and modifications.