Chapter

The Invasions and the Defences

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0038
The Invasions and the Defences

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In India, the jurisprudence of criminal law has been a sadly neglected subject. The Supreme Court is generally satisfied with the facts, and if necessary, the interpretation of the particular statute or the section of the statute concerned. It hardly ever concerned itself with the jurisprudential questions relating to crime and punishment. For example, the Court has signally failed to evolve any appropriate sentencing policy to guide the subordinate courts. There have, however, been a few instances where the Supreme Court has introduced refreshing approaches on certain questions frequently arising in the courts. For example, years ago, the Criminal Procedure Code was amended to provide for an appeal against an order of acquittal. This chapter discusses the Indian Penal Code, death penalty, appropriate sentence for sexual offences and murder, culpable homicide, rashness and negligence, ‘mens rea’, common intention and common object, admissibility of a statement made by the dying victim of the murder, compensation for the victims of violence or other crime, doctrine of state immunity, and criminal acts by corporations.

Keywords: India; Supreme Court; jurisprudence; criminal law; crime; punishment; sentencing policy; Criminal Procedure Code; death penalty; state immunity

Chapter.  7676 words. 

Subjects: Constitutional and Administrative Law

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