Supreme Court of India · 2008-05-13
STATE OF PUNJAB vs PREM SAGAR .
- Citation / case number
- SC 2007/6005
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB
- Respondent
- PREM SAGAR .
Judgment text excerpt
The Supreme Court addressed the lack of sentencing guidelines in India, emphasizing the need for a structured approach to sentencing, particularly in cases affecting public health under Article 47 of the Constitution. The Court criticized the High Court's decision to grant probation under the Probation of Offenders Act, 1958 without considering the social background and occupation of the respondents. It held that sentencing must consider various factors, including the nature of the offence and the principle of deterrence, and that the discretion of the court must be exercised judiciously.