Court : Sikkim
Decided on : May-19-1980
Reported in : 1981CriLJ695
..... cr. p.c. 1898 is necessary. this code has been the subject-matter of numerous amendments till its repeal in 1974 but in the present strife the amendment brought about by the amendment act 26 of 1955 are mainly involved. by this amendment act, section 251 was amended and new section 152-a was introduced in the cr. p.c. 1898. the departure in the procedure ..... as it were a natural death', which is subsequently formally effected by express repealment. the amendments effected by an amending act become part and parcel of the amended act and continue to be so irrespective of the further existence or non-existence of the amending act; the amending act, after effecting the amendments, dies de facto, though a formal repealment may be necessary for its de jure extinction ..... of the powers conferred upon the indian parliament by the constitution'.34. when examined in the light of the above interpretation of article 372(1), section 2 of the sikkim act and article 371f (k) of the constitution yield the result that, even if before the enactment of the sikkim act, criminal procedure code, 1898 prior to its amendment in 1955 was the law in ..... the above interpretation of articles 245 and 246 of the constitution of india and the real controversy is to the effect of article 371f (k) of the constitution.24. in view of the above authoritative exposition of the relevant law though no controversy about the legislative competence of parliment and the state legislatures to legislate retrospectively survives yet .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-09-1980
Reported in : (1982)3SCC24; [1983]1SCR145a
..... to commute sentence, without the consent of the person sentenced. under clause (a) of the section, the appropriate government may commute a sentence of death, for any other punishment provided by the indian penal code.160. with effect from december 18, 1978, the crpc (amendment) act, 1978, inserted new section 433a, which runs as under :433a. restriction on powers of remission or commutation in certain ..... sentence and not impose the death penalty. neither death penalty nor life sentence was the rule under the law as it stood after the abolition of sub-section (5) of the section 367 by the amending act 26 of 1955 and the court was left 'equally free to award either sentence'. but then again, there was a further shift against death penalty by ..... , absolutely free, and free for all, may mean liberticide for all. 'liberty has, therefore,' as justice patanjali sastri put it, 'to be limited in order to be effectively possessed.'24. it is important to note that whereas article 21 expressly deals with the right to life and personal liberty, article 19 does not. the right to life is not one ..... the same policy permeates section 302 and some other sections of the penal code, where the maximum punishment is the death penalty.(ii) (a) no exhaustive enumeration of aggravating or mitigating circumstances which should be considered when sentencing an offender, is possible. 'the infinite variety of cases and facts to each case would make general standards either meaningless 'boiler plate' or a statement .....
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