Facts of the Case
- A habitual offender has committed multiple serious crimes:
– Murder
– Robbery
– Extortion
– Kidnapping - All these offences are cognizable and non-bailable under the Indian Penal Code.
- The person has a history of repeated criminal conduct, making him a habitual offender.
Issues in the Case
- Which court has the jurisdiction to try such serious and multiple offences?
- What punishments are prescribed for each offence under IPC?
- How does being a habitual offender affect sentencing?
Principles Associated With It
- Murder (Section 302 IPC): Punishable with death or life imprisonment, and fine.
- Robbery (Section 392 IPC): Punishable with rigorous imprisonment up to 10 years, and fine.
- Extortion (Section 384 IPC): Punishable with imprisonment up to 3 years, or fine, or both.
- Kidnapping (Section 363 IPC): Punishable with imprisonment up to 7 years, and fine.
- If kidnapping is for ransom (Section 364A IPC): Punishable with death or life imprisonment, and fine.
- As per Section 75 IPC, if a person convicted of an offence is again convicted of the same or different serious offence, enhanced punishment may be imposed.
- These offences are triable by the Sessions Court under CrPC.
Judgement
- The Sessions Court is the competent court to try and punish for murder, robbery, extortion, and kidnapping.
- Given the habitual nature of the offender, the court may impose maximum or enhanced punishments as per law.
- If convicted:
– Murder: Life imprisonment or death.
– Robbery: Up to 10 years of rigorous imprisonment.
– Extortion: Up to 3 years.
– Kidnapping: Up to 7 years (or life/death if for ransom). - The court may consider cumulative sentencing, depending on the severity and interlinking of the offences.