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Bhavani S   21 November 2023

Legal action against a judge

Sir if a judge intentionally gives more jail terms than what was mentioned in law at force (for ex: for an offence having a maximum jail term of 3yrs, the judge gives 4yrs) then can the judge be punished for giving excess punishment?

Latter part of Art 20(1) cleary says 'no greater penalty'.

20. Protection in respect of conviction for offences:

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

In our case police booked us u/s IPC 306 r/w 116 (abettment of suicide but the party was saved in hospital) and sec 3(2)(v) of sc/st act.

According to IPC 306 r/w 116 the maximum sentence that can be awarded was only 2.5 yrs. But the sessions judge intentionally gave judgement as 5 yrs. It strictly violates article 20(1) of Ind constitution.

Moreover, prior to invoke sec 3(2)(v) of sc/st act the accused must get convicted for atleast 10yrs under IPC. Thats the definition of this sec. But the judge vengenfully gave life imprisonment for us. Now we are in high court bail. 

Plz help us legally sir. Can i proceed against the judge according to sec 219 IPC.



Learning

 5 Replies

Sanjana Singhania (Seo expert)     21 November 2023

Yes, a judge can be punished for giving excess punishment, which is also referred to as an "excessive sentence." This is because judges are not above the law and must follow the sentencing guidelines set forth by the legislature. If a judge intentionally imposes a sentence that is greater than the maximum sentence allowed by law, they may be subject to disciplinary action or even criminal prosecution.

In your case, it appears that the judge gave you a sentence of 5 years for abetment of suicide, which is in violation of Article 20(1) of the Indian Constitution. This article states that no person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. In this case, the maximum sentence for abetment of suicide is 2.5 years. Therefore, the judge's sentence of 5 years is an excessive sentence.

You may also be able to file a complaint against the judge for violating Section 219 of the Indian Penal Code (IPC). This section states that "public servant who, in the exercise of his official functions, does or omits to do anything which he is bound by law to do or omits to do, with intent to cause, or with knowledge that he is likely to cause, any injury to any person or to any person's property, or to obstruct the course of public justice, or to assist any person in obstructing the course of public justice, is guilty of an offence punishable with imprisonment for a term which may extend to two years, or with fine, or with both."

In your case, it appears that the judge's actions were intentional and that he knew that his actions would violate the law. Therefore, you may be able to file a complaint against him under Section 219 of the IPC.

I would recommend that you speak to an attorney as soon as possible to discuss your legal options. An attorney can help you to understand the law and determine the best course of action for your case.

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P. Venu (Advocate)     21 November 2023

Priority should be filing appeal. Complaint against the Judge could be addressed to the District/High Court.

Bhavani S   21 November 2023

Yes, appeal is the next step in remedy. But how the judge acquired courage to award more sentence than what was prescribed under law. Also how he can invoke sec 3(2)(v) of sc/st act against the accused who were convicted for only five years under IPC. Through that grave mistake we are labelled as Life prisoners. What compensation for the destruction of our reputation? We are elligible for spot bail if the judge had gone according to law. 

Plz any expert say about the detailed procedure for setting the IPC Section 219 in motion. Whether i have to wait till the appeal in Highcourt is over or can complain about this issue now itself?

T. Kalaiselvan, Advocate (Advocate)     22 November 2023

You may first prefer an appeal agaisnt the aggrieved judgment.

Next you may ascertain the facts under which the judge has passed the impugned orders and if any inner intention is visible then a complaint can be preferred before the registrar at high court in this regard

Bhavani S   22 November 2023

Thank you sir...


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