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Punishment serves as a means of ___ against offenders for the harm they inflict. |
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True or False: The Malimath Committee was established to promote more discretionary powers for judges in sentencing. |
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False. The Malimath Committee emphasized the need for uniform sentencing guidelines to reduce uncertainty. |
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The Indian Penal Code's sentencing policy considers the ___ of the violation and the seriousness of the crime. |
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Fill in the blank: The British Parliament's white paper stated that the aim of sentencing policy should be ___ and protection of society. |
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What was a major concern regarding the sentencing practices prior to the recommendations by the Malimath Committee? |
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Many offences only specified maximum punishments, leading to wide discretionary powers for judges and inconsistency in sentencing. |
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True or False: The Madhava Menon Committee opposed the need for statutory sentencing guidelines. |
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False. The Madhava Menon Committee supported the need for statutory sentencing guidelines. |
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Fill in the blank: The correlation between punishment and guilt leads to standardized sentencing policies for specific ___. |
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True or False: The lack of a sentencing policy can benefit both the judicial system and society. |
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False. Lack of a sentencing policy could harm both the judicial system and society at large. |
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The principle of proportionality in sentencing considers ___ and ___ factors related to the crime and the criminal. |
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True or False: The Supreme Court of India emphasized that punishment is a strong aspect of the criminal justice system. |
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False. The Supreme Court noted that punishment remains the weakest part of the system. |
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Section 53 of the Indian Penal Code outlines different types of punishments including ___, ___, and ___ forfeit of property. |
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What is one major challenge in the delivery of criminal justice as highlighted in the Soman case? |
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The lack of legislative or judicial guidelines for determining just punishments. |
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True or False: Judges in India have complete discretion in determining both maximum and minimum sentences for all offenses. |
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False. The Code prescribes maximum punishments and leaves minimum punishments to the Judge's discretion. |
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Fill in the blank: The need for a sentencing policy in India has been highlighted by the ___ and ___ Committees. |
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What types of punishments are recognized under Section 53 of the Indian Penal Code? |
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Death, Imprisonment for life, Rigorous Imprisonment, Simple Imprisonment, Forfeiture of property, Fine. |
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True or False: The Supreme Court suggested that rehabilitation is not a relevant principle in sentencing. |
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False. The Supreme Court highlighted rehabilitation as one of the principles in sentencing. |
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In the context of sentencing, the death penalty should be applied in ___ cases. |
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True or False: Imprisonment for life typically involves simple imprisonment for twenty years. |
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False. Imprisonment for life typically involves rigorous imprisonment for twenty years. |
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Fill in the blank: The key difference between imprisonment for life and other forms of imprisonment is that the former can be ___ and lasts until death. |
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What classification of offences is based on the maximum punishment an offender may receive? |
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True or False: The trial court has no discretion to impose punishments according to the code. |
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False. The trial court has the discretion to impose punishments according to the scheme outlined in the code. |
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Fill in the blank: Offences punishable by fine only are those where the maximum penalty is a ___. |
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What are the two types of imprisonment mentioned in the context of sentencing? |