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Criminal · Reportable judgment

Baba Natarajan Prasad vs M. Revathi

Court
Supreme Court of India
Date
15 July 2024
Case No.
Criminal Appeal No. 2912 of 2024
Result
Allowed
Bench
C.T. Ravikumar, Sanjay Kumar
Citation
[2024] 7 S.C.R. 781 : 2024 INSC 523
Acts & Sections
IPC CrPC
Supreme Court Reports [2024] 7 S.C.R. 781 : 2024 INSC 523
Issue for consideration
Whether the High Court had shown undeserving leniency and sympathy to accused Nos.1 and 2 by sentencing them to undergo imprisonment till the rising of the court and to pay a fine of Rs.20,000/- each, even after finding that they committed the serious offence of bigamy punishable u/s. 494 IPC; and whether an enhancement of sentence is called for.
Headnote

Sentence/Sentencing – Enhancement of – High Court after restoring conviction for the offence of bigamy punishable u/s. 494 IPC, sentenced accused Nos.1 and 2 to undergo imprisonment till the rising of the court and to pay a fine of Rs.20,000/- each – Correctness:

Held: It is the solemn duty of the Court to strike a proper balance awarding sentence proportionate to the gravity of the offence committed by the accused concerned upon his conviction for serious offence – Reading of ss. 494 and 495, would reveal that the legislature viewed the offence of bigamy as a serious offence – Prescription of maximum corporeal sentence imposable u/ss. 494 and 495, would suggest that the offence u/s. 494, has to be treated as a serious offence – Thus, the imposition of ‘imprisonment till the rising of the court’ not a proper sentence falling in tune with the rule of proportionality in providing punishment – Imposition of sentence of ‘imprisonment till the rising of the court’ upon conviction for an offence u/s. 494, on them was unconscionably lenient or a flea-bite sentence – It is evident that the first accused married the second accused while the marriage between the appellant and the first accused was subsisting and not only that, during its subsistence, she had also begotten a child through the second accused – Taking into account all the circumstances, it can be said that undeserving leniency was shown – However, taking note of the fact that the said child is now aged only about six years and the sentence for the conviction u/s. 494, can be of both descriptions – Using judicial discretion, the term of the sentence awarded to accused Nos.1 and 2 for the conviction u/s. 494, is modified to six months each, making the nature of the sentence as simple imprisonment for the said period – Fine imposed is modified by reducing the same from Rs. 20,000/- each to Rs. 2,000/- each – Taking note of the fact that the child is now aged only about 6 years, firstly the second accused would serve its remaining sentence and upon his release, the first accused would serve her remaining period of sentence – Penal Code, 1860 – ss. 494, 495. [Paras 13-20]

Read the full headnote (2 more paragraphs)

Sentence/Sentencing – Imposition of sentence of ‘imprisonment till the rising of the court’ – Permissibility: Held: It cannot be said that imposing a sentence of ‘imprisonment till the rising of the court’ is impermissible or an action amounting to evasion of statutory provision – Proviso to s. 418(1) CrPC, together with the penal provision u/s. 494 IPC, prescribing no minimum imprisonment, but only the maximum, would definitely make imposition of ‘imprisonment till the rising of the court’ intra vires. [Paras 16, 17]

Sentence/Sentencing – Imposition of punishment – Rule of proportionality – To be followed to promote and bring order and orderliness in society – Discussed. [Paras 1-4]

Keywords: Sentencing · Undeserving leniency and sympathy · Undergo imprisonment till the rising of the court · Serious offence of bigamy punishable u/s. 494 IPC · Enhancement of sentence · Rule of proportionality · Maximum corporeal sentence · Flea-bite sentence · Judicial discretion · Modification of sentence

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment C.T. Ravikumar, J. 1. Leave granted. 2. Salmond defined ‘crime’ as an act deemed by law to be harmful for society as a whole although its immediate victim may be an individual. Long-long ago, Kautilya said: “it is the power of punishment alone which when exercised impartially in proportion to guilt and irrespective of whether the person punished is the king’s son or the enemy, that protects this world and the next”. In the decision in State of Punjab v. Bawa Singh,1 this Court held that it is the duty of every court to award proper sentence having regard to the nature of the offenc
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