On a conspectus of the aforementioned authorities, it is evident that a clause for the forfeiture of earnest money is not penal in the ordinary sense, rendering Section 74 of the 1872 Act, ...

2. Who is a Habitual Offender? · A person convicted and jailed more than twice in 5 years for crimes like theft, robbery, etc. (not for the same incident). Maharashtra’s law keeps an eye on repeat ...

Many special laws prescribe mandatory minimum sentences for certain offences. Courts cannot impose a sentence less than the minimum prescribed by the statute, even by invoking constitutional powers ...

The Fundamental Rights in India are enshrined in Part III of the Constitution, covering Articles 12 to 35. These rights are considered essential for the development of every individual and for ...

Committees like the Malimath and Madhav Menon Committees have recommended statutory frameworks for sentencing. Adoption of alternative sanctions and a victim-centric approach are suggested to improve ...

Individualization of sentencing means customizing the punishment based on the individual offender's characteristics, circumstances, and background, rather than applying the same punishment uniformly ...

International Norms: The Declaration has influenced international treaties, regional charters (like the African Charter on Human and Peoples’ Rights), and global conferences, including the Vienna ...

Judicial activism is evident in landmark judgments such as the expansion of Article 21 (right to life and personal liberty) to include the "due process of law," not just "procedure established by law, ...