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may 1977

Supreme Court of India · 1977-05-06

MOHAMMAD GIASUDDIN vs STATE OF ANDHRA PRADESH

Citation / case number
SC 1977/61618
Court
Supreme Court of India
Petitioner
MOHAMMAD GIASUDDIN
Respondent
STATE OF ANDHRA PRADESH
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court addressed the sentencing provisions under Section 248(2) of the Criminal Procedure Code, emphasizing the need for a reformative approach to punishment rather than a purely punitive one. The Court held that the trial magistrate failed to consider the social context and personal circumstances of the offender, which are crucial for effective rehabilitation. The judgment advocates for a therapeutic perspective on sentencing, aligning with progressive criminological views that see offenders as patients needing treatment rather than mere criminals deserving punishment. The appeal was partly allowed, indicating a shift towards a more humane and rehabilitative approach in sentencing.

MOHAMMAD GIASUDDIN vs STATE OF ANDHRA PRADESH · Niyam