Having the knowledge of criminal matters is a must if you want to become a lawyer or a legal professional. In India, how does our criminal justice work? There are certain Criminal punishment principle which are multiple in numbers according to our national laws. But do you know who the criminal is actually called? He or she is the person who makes the criminal office and court find them guilty.
The court has all right to punish that person according to legal punishments that are possible. Sometimes, advocate-general-of-state also fights the case against such criminal offenders. So, what are criminal punishment principles according to which offenders get the punishment? Keep reading this post.
What is the Criminal Punishment Principle?
These are provisions that are related to criminal offences under which a punishment is being given to an individual. So, if any criminal has made any serious offence or committed crime will be given punishment accordingly. Below we have highlighted what different punishment principles are there.
Burden of proof
In law, there is no room for perception and doubts. The courtroom asks for proof and evidence to show that the crime has been committed. Or else, during the criminal trial, prosecutors may put any allegations due to which individuals will suffer. Also, if the defendant has to prove his or her innocence, the proof is a must.
Criminal trials must be conducted on strong evidence. Or else, it will be called an injustice with the person who is wrong. The proof or evidence is must on which the court can give its verdict.
Right to remain silence
In general, we should always cooperate with all questions that police ask. Any kind of wrong information provided to them and then refusing the same in front of the court will be considered as a criminal offence. It is because such misappropriate guidance will affect the investigation and may lead to injustice also.
For instance, if there is a case of intentional murder but is portraying as an accident. Then witnesses must provide all relevant information related to cases or else it will lead to serious trouble and innocent people will be convicted.
Once the crime offender has completed his or her punishment then no court or law principle can make them a culprit again in the same case. It means no double punishment once all his or her case tenure is completed. Once the court has been acquitted, charged and completed the punishment in the same matter, there will be no double punishment. But in cases like hanging till death, the verdict can be overturned by applying a plea. There might be a case of mistrial and false investigation, one which the court is ready to take hearing the next time.
Different punishments like putting people behind bars for life imprisonment, hang till death sentences. Short term imprisonment and others are mentioned in our Indian law.
As a student you must know that according to which criminal section the punishment will be given. The purpose of punishment is to maintain law and order in the society. Also, it gives the clear message to all criminal offenders that there will be no room for doing nuisance. There should a peace and law maintenance in the society.