(firstname.lastname@example.org Mumbai : 9820174108)
30 May 2008
MY "humble" VIEWS, on the captioned subject :
- MONE'tary Fine or Imprisonement, in legal parlance is a "Detterent" and/or for the purpose of "Social REFORM" (atleast in Free Democratic India)
- Fine or Punishment, was never meant to be given for causing an "Social" .or. "Legal" stigma.
- Fine or Punishment, was never meant to be given for selective class of people (i.e. Poor or Rich).
- Fine or Punishment quantum, was never meant to be given, taking into consideration the economy/inflation/deflation of the country.
- "xyz", is ordered to pay a Fine of 100/-, by a Court of Law, in 1951.
- - xyz, is not capable of paying the Fine of 100/-
- - - in lieu Court sentences him, say, one day imprisonment, in 1951.
(PLEASE NOTE THE YEAR)
NOW, if we reasonalise that the Fine was sufficient in 1951 and now in 2008 it seems "too meagre" .or. not in line with "depreciating rupees" and we justify this contention and increase the Fine amount to say 10 times (i.e. 1000/-)
NOW, cirtical question :
1. WILL the court sentence him TO 10 DAYS imprisonment (instead of one day as in 1951), in lieu of the logic of "too meagre" and "depreciating rupees", if xyz does not pay the fine of 1000/- (in 2008)
(BY logic of proportionate imprisonment, in ascendence)
2. If India gets lucky (and that's not a remote chance, since our rupee is actually appreciating presently against other major currencies) AND the rupee starts appreciating to such level that Rs. 100/- of 1951 becomes Rs. 10/- in 2020.
Question : Should the original fine of Rs.100/- (in 1951) which got amended say in 2008 to Rs. 1000/- AND which COULD again be amended to Rs. 10/- say in 2020.
year 1951 = Fine amount is 100/-
year 2008 = Fine amount is 1000/- (increased in lieu of inflation / DEPRECIATION of rupee)
year 2020 = Fine amount is 10/- (DECREASED in lieu of deflation / APPRECIATION of rupee)
THEN would the Act (Fines & Punishment) be amended according to the monetary inflations (country's economy) , AND imprisonment quantum (not fine) be amended accordingly to the following eg.
year 1951 = Fine amount is 100/- .or. Imprisonement is one day.
year 2008 = Fine amount is 1000/- .or. Imprisonment is 10 days.
year 2020 = Fine amount is 10/- .or. Imprisonment is just one hour.
(all above, when in Context to the preamble of the original Section / Act)
WHEREAS, As it is, a fine of Rs. 1/- or a Fine of Rs. 100,000/-, is of no consequence to the Countries Economy or Inflation / deflation trends. WHAT is important is "Conviction" of the offender for natural and just justice.
A QUOTE :
"It requires a very unusual mind to undertake the analysis of the obvious"
– Alfred North Whitehead, 1861-1947, British Philosopher and Mathematician
Keep Smiling ... Hemant Agarwal