Q How criminal liability is measured to determine appropriate punishment.

                                               Measurement Of Criminal Liability 
Q How criminal liability is measured to determine appropriate punishment . (1996)
Q What elements are taken into consideration in determining the appropriate punishment.(1994) (1993)

1. Introduction:

The responsibility or liability is the ultimate purpose of the law because the wrong-doer must make up or suffer for he has already failed in doing what he ought to have done. It is the ultimatum of the law and has its source in the supreme will of the state. It arises form a wrong or the breach of a duty.

1. Definition Of Liability:

(I) According To Salnond:
“Liability or responsibility is the bond of necessity that exists between the wrong-doer and the remedy of the wrong.
(II) According To Markby:
“The word liability is used to describe the condition of a person who has a duty to perform. “

1. Case Law

2005 YLR 742
It was held that supreme object with the court is always to administer even handed justice to parties in a criminal case without un-reasonably learning in favour of the party nor depriving the other party of its due right to offer defence. Court must keep the scale justice even to both sides and conduct of the proceeding must visibly to reflective of its clean and un-biased mind in every sense.

1. Kinds Of Liability:

Following are the different kinds of liability.
(i) Civil liability
(ii) Criminal liability
(iii) Remedial Liability
(iv) Vicarious liability
(v) Strict liability

1. Criminal Liability:

Criminal liability is the liability to be punished in a criminal proceeding. The redress for criminal liability in is the form to punishment which may be in the form of imprisonment, fine or death.
(I) Conditions Of Criminal Liability:
There must be two condition before fixing criminal liability
(i) Actus reus 
(ii) Mens rea
(i) Actus Reus:The first condition is the actus or prescribed act Salmond calls it the physical or material condition of liability. If there is no act there can-be no punishment.
Justice Bryan Stated:
“The thought of a man cannot be tried, for the devil itself knoweth not the thought of a man.”
Example:
A man take an umbrella form a stand at his club with intent to steal it ,but finds it is own, he has committed no offence.
(ii) Mens Rea:The second condition of criminal liability is mensrea or guilty mind. An act is punishable only if it is done intentionally or negligently Intention and negligence are the alternative forms in which mens rea can exhibit itself. If a wrongful act is done intentionally, penal action will serve as a deterrent for the future. If it is doe negligence or carelessly, punishment will make the offender more vigilant in future. Where the law presumes that there can be no will at all, penal liability can be imposed, e. g. children under the age of seven and insane person are regarderd by law as incapable of having mens rea.
(II) Measurement Of Criminal Liability:According to Salomnd, following elements should be take into consideration in determining the measure of criminal liability.
(i) Motive 
(ii) Magnitude of the offence
(iii) Character of the offender
(i) Motive:As regards motive of offence, the greater the temptation to commit the crime, the greater should be the punishment. The object of punishment is to suppress sthose motive which lade to crimes. The stronger these motives are , the severe must be the punishment in the case. If the profit to be gained form the act is great, the punishment should also be severe proportionately.
(ii) Magnitude of the Offence:The second rule for the measurement of criminal liability is the magnitude of the offence the greater the magnitude of the offence, the greater should be its punishment. The greater the mischief of any offence, the greater is the punishment which it is profitable to inflict with the hope of preventing it. If the punishment dose not vary with the magnitude of the offence, there will be temptation to commit offence of very serious nature as punishment is the same in doth cases. If punishment for burglary and murder were to be the same, the burglar would not stop at a lesser crime.





  (iii) Character of the Offender:The character of the offender should also be taken into consideration which determining the measure of criminal liability. The worse the character or disposition of the offender, the more serious should be the punishment. The law imposes upon habitual offender penalties which bear no relation to them magnitude of the offence. The most degraded criminals are said to exhibit insensibility even to physical pain, many murderers of worst type show Indifference to death itself. So it is desirable to punish more severely the more corrupt.

1. Conclusion:

To conclude, I can say, that In considering the measure of criminal liability, the deterrent purpose of the criminal law should be given exclusive attention. The perfect law is that in which the difference between the good and the evil is at a maximum in favour of the good and the rules as to the measures of criminal liability are the rules for the attainment of this maximum.

Explain the Specific relief Act in details

Q.Explain the Specific relief Act in details
Q. What do you understand by equitable remedies and how they are granted.
(1999) (2001) (2004) (2006)
1. Introduction:

 
Specific relief is a form of judicial redress. it belongs to the law of procedure. it is a legal redress which a plaintiff seeks through a civil court. in this kind of relief the contractual party is compelled, to do or refrained from doing an act. the specific relief act relief on the English principles of equity in granting or refusing such relief.
2. Relevant provisions:
Sec. 5 to 35 for specific relief.
Sec. 36 to 42 Preventive relief.
3. Meaning:
The word relief means ending or removal of pain, anxiety or help.
4. Definition of specific relief:
Specific relief in specie. it is a remedy by which a party to a contract is compelled to do or omit the very acts which he has undertaken to do or omit.
According to 'Bentham" :
'The law ought to assure me every thing which is mine. without forcing me to accept equivalents, although I have no particular objections to them."
5. Nature of specific relief:
The specific relief act 1877 is not an exhaustive code. it deals with those specific relief which fall within the domain of court of equity. the relief is ordinary available in a civil courts. the defaulting party is compelled to do or to omit the every act which he has undertaken to do or to omit. the specific relief is adjective law
Case Law
PLD 1971 Lah. 199
The jurisdiction vested in the court for the grant of decree for specific performance is discretionary and the court is not bound to grant such relief even if it is lawful to do so. however the discretion vested in a court of law must not be exercised arbitrarily rather on sound and convincing reasons guided by judicial principles and capable of correction by a court of appeal.
6. Object of specific relief:
The main object of specific relief is to discourage people from taking law into their own hands. it provides summary and speedy remedy through a medium of civil court.
7. Explanation:
T.S Desai
"A person any of whose rights are infringed can go a court of law for a relief and seek a remedy if he has one. the general remedy at law, the remedy which is most common consists in awarding pecuniary compensation, court will compel the defendant to give up the pecuniary value of some benefit which he has wrongfully obtained, or to pay the pecuniary value of goods which he has wrongfully taken or detained."
8. Illustration:
If a person agrees to sell a house to another in case the latter pays him a certain sum and this sum is paid up as agreed upon and the owner of the house does not execute a sale deed, the aggrieved person may either prosecute the other for cheating, or he may sue for the damages and return of the amount paid, or he may ask a competent court to compel the other to perform his contract by executing the sale deed. this last prayer requiring the promisor to do or perform the very thing which he undertook to do will be prayed for specific relief.
9. Features of specific relief:
(i) Specific relief is granted under the principles of equity.
(ii) Its basic purpose is to give a very thing to a person who is entitled for it.
(iii) The defaulting party is compelled to do or to omit the very act which he has undertaken to do or to omit.
10. Modes of specific performance or kinds of equitable remedies:
Under specific performance or equitable remedies relief may be given in the following ways.
I. Delivery of possession:
By taking possession of certain property and thereby delivering it to its claimant.
II. Specific performance of contracts:
By ordering a party to do the act which he is under an obligation to do.
III. Injunctions:
By preventing a party from doing that which he is under an obligation not to do or to do.
IV. Declaration of rights:
By determining and declaring the rights of the parties otherwise than by an award of compensation.
V. Appointment of receiver:
In a dispute over a business between the two parties the court may appoint a receiver who looks after the affairs the business until the case is decided by the court.
VI. Rectification of instruments:
When through fraud or a mutual mistake of the parties, a contract or the other instrument in writing does not truly express their intention, the court can issue order for its rectification or on the request of the parties entitled thereto.
VII: Recession of the contracts:
If any contract in writing has been entered by the parties which is voidable or where the contract is unlawful and the defendant is more blamable or where a decree or specific performance of sale of a contract to take a lease has been made and the purchase or the lease holder does not make payment, the court can order to resind the contract.
VIII. Cancellation of instruments:
Any person against whom a written instrument is void or voidable and the apprehension is of causing serious injury to him. he can get the cancellation of such instrument from the court.
11. Basis of specific relief or equitable remedies:
Basic of specific relief or equitable remedies are as under:
(i) He who comes to equity must come with clean hands.
(ii) He who seeks equity must do equity.
(iii) Delay defeat the equity.
12. Conclusion:
To conclude I can say that, specific relief is relief is a relief in specie. it aims consequently at the exact fulfillment of an obligation and is directed straightway to the obtaining of the very thing which he had been deprived. the specific relief or equitable remedies relief on English principles of equity in granting of refusing relief.

 

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