Anil Kumar vs Union Of India & Anr. on 13 July, 2016

2. You hurt me and I will hurt you. If I cannot hurt you myself, I
demand that you should be hurt by others, are concepts of punishment i.e.
retribution which have no place in civil society. The idea expressed by Sir
James Stephen in the 19th century, when he said : ‘it is highly desirable that
criminals should he hated, that the punishment should be so contrived as to
give expression to that hatred, and to justify by gratifying a healthy natural

W.P.(C) No.5535/2014 Page 1 of 4
sentiment’, is also irrelevant today. The philosophy of Socrates and
Hobhouse who questioned whether the infliction of evil upon anyone can
ever be in itself good finds acceptability. It is well recognized even
otherwise the concept of retribution with object of punishment, implies
relationship between the severity of punishment and the degree of guilt.

Source: Indian Kanoon

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