Holding

The High Court's reduction of sentence in exchange for enhanced victim compensation is impermissible; compensation is restitutive and cannot substitute for punishment, and the sentence must remain proportionate to the gravity of the offence.

Summary

The trial court convicted two private respondents for offences under Sections 307, 324 and 326 of the IPC for stabbing a victim, sentencing them to three years' rigorous imprisonment and a fine of ₹5,000 each. The High Court, on revision, upheld the conviction but reduced the custodial term to the two months already served and increased the fine to ₹50,000 each, treating the additional payment as compensation to the victim's family. The appellant, the victim's wife, challenged this reduction, arguing that compensation is merely restitutive and cannot replace punishment. The Supreme Court examined the principles of proportionality, the nature of victim compensation under the Bhartiya Nagarik Suraksha Sanhita and the Criminal Procedure Code, and cited extensive jurisprudence on sentencing. It held that the High Court erred by allowing monetary compensation to substitute for a custodial sentence in a grave offence. Consequently, the Supreme Court set aside the High Court's order, reinstated the original sentence, and directed the respondents to surrender and serve the balance of their term. The appeal was allowed.

Issues considered

Whether the High Court was justified in reducing the custodial sentence of the private respondents by treating increased victim compensation as a substitute for punishment.
Whether compensation under the Bhartiya Nagarik Suraksha Sanhita (or Section 357 CrPC) can be used to offset or replace a custodial sentence in cases of grave offences.
Whether the lapse of time since the offence and the subsequent death of the victim constitute valid mitigating factors for sentence reduction.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita, 2023s. 395
Code of Criminal Procedure, 1973s. 357
Indian Penal Code, 1860s. 307, s. 324, s. 326

Headnote

Issue for Consideration Whether the High Court was justified in reducing the sentence awarded to the Private Respondents. Headnotes† Sentencing – Reducing the sentence in cases of grave offences by enhancing the compensation payable to the victim – Impermissibility – to or a substitute for punishment – Trial Court convicted the accused persons u/ss.307, 324 and 326, IPC and sentenced them to undergo rigorous imprisonment of three years and a fine of ₹ 5,000/- each (totalling to ₹ 10,000/-) – High Court vide impugned judgment maintained

Subjects

Reduction of sentenceVictim compensationRestitutory nature of compensationPunishment proportionalityGrave offence sentencingCriminal jurisprudencePenologyVictimologyLife‑threatening injuriesEnhanced fine

Judgment

[2026] 3 S.C.R. 243 : 2026 INSC 164

Parameshwari
v.
The State of Tamil Nadu & Ors.
(Criminal Appeal No. 949 of 2026)
17 February 2026
[Rajesh Bindal and Vijay Bishnoi,* JJ.]

Issue for Consideration
Whether the High Court was justified in reducing the sentence
awarded to the Private Respondents.

Headnotes†
Sentencing – Reducing the sentence in cases of grave
offences by enhancing the compensation payable to the
victim – Impermissibility – Victim compensation restitutory in
nature, not equivalent to or a substitute for punishment – Trial
Court convicted the accused persons u/ss.307, 324 and 326,
IPC and sentenced them to undergo rigorous imprisonment
of three years and a fine of ₹ 5,000/- each (totalling to
₹ 10,000/-) – High Court vide impugned judgment maintained
the conviction; however, reduced the sentence to the period
already undergone, i.e., 2 months, and enhanced the amount
of the fine imposed on the Private Respondents from ₹ 10,000/-
to a further sum of ₹ 50,000/- each (totalling to ₹ 1,00,000/ ) –
interference with:
Held: Impugned judgment set aside – Compensation payable to
the victim is only restitutory in nature, and it cannot be considered
as equivalent to or a substitute for punishment – Punishment is
punitive in nature, and its object is to create an adequate deterrence
against the said crime and to send a social message to the
miscreants that any violation of the moral turpitude of society would
come with consequences, which cannot merely be “purchased by
money” – The practice of enhancing the compensation payable to
the victim and reducing the sentence, especially in cases of grave
offence, is dangerous as it might send a wrong message to society
that the offenders/accused persons can absolve themselves from
their liability by merely paying a monetary consideration – There

* Author
244 [2026] 3 S.C.R.

Supreme Court Reports

was prior enmity between the victim and the Private Respondents
who had caused injuries to the victim – Further, the testimonies of
the complainant, PW2 (the victim), and PW3 (the Appellant) were
corroborated by the statements of PW9 (Doctor), who had stated
that the victim suffered 4 stab injuries, which were grievous in nature
to the extent that, if not given immediate care, could have been
life threatening – High Court acted in complete defiance of the law
and created a travesty of the established criminal jurisprudence in
arriving at its conclusion – It noted that more than 10 ½ years had
elapsed since the incident and that the victim had been murdered
by some other persons a few years later – Based on these aspects,
the High Court modified the sentence awarded to the accused
persons – It failed to reason out the circumstances, acting on which,
it reduced the sentence for such a heinous offence and thereby,
erred in not applying its judicial mind to accurately decide the
sentence – Trial Court rightly convicted the Private Respondents
u/s.307, 324 and 326 of the IPC as the injuries were grievous and
life threatening – This decision was correctly affirmed by the District
and Sessions Court – High Court, while exercising its revisionary
powers, very ignominiously reduced the sentence of the Private
Respondents to the period already undergone – Undue sympathy
shown by the High Court herein was unwarranted – The judgment
of conviction and sentence passed by the Chief Judicial Magistrate/
Assistant Sessions Judge confirmed by the District Sessions Fast
Track Mahila Court affirmed. [Paras 19, 32, 35-38]

Sentencing – Imposition of sentence – Factors to be
considered – Misplaced understanding of courts in treating
compensation as a substitute of sentence, condemned:
Held: Trend amongst High Courts wherein the sentences awarded
to the accused persons by the Trial Court are reduced capriciously
and mechanically, without any visible application of judicial mind,
deprecated – Factors to be kept in mind by the courts while dealing
with imposition of sentence – Proportionality: Adherence to the
principle of “just deserts” ought to be the primary duty of the courts –
There should be proportionality between the crime committed and
the punishment awarded, keeping in consideration the gravity of
the offence – Consideration to Facts and Circumstances: Due
consideration must be given to the facts and circumstances of
the case, including the allegations, evidence and the findings of
the trial court – Impact on Society: While imposing sentences, the
courts shall bear in mind that crimes essentially impair the social
[2026] 3 S.C.R. 245

Parameshwari v. The State of Tamil Nadu & Ors.

fabric of the society (of which the victim(s) is/are an indispensable
part) and erodes public trust – The sentence should be adequate
to maintain the public trust in law and administration, however,
caution should also be taken, and the Court shall not be swayed
by the outrage or emotions of the public and must decide the
question independently – Aggravating and Mitigating Factors: The
courts, while deciding the sentence or modifying the sentence,
must weigh the circumstances in which the crime was committed,
and while doing so, the court must strike a fair balance between
the aggravating and the mitigating factors. [Para 34]

Victim Compensation – Rationale:
Held: The provision of victim compensation finds its roots in
victimology, which acknowledges victims as the primary sufferers
of the crime and advocates the idea of providing some relief to
the victims from their grief and suffering – The rationale behind
victim compensation is to rehabilitate the victim for the loss and
injury caused to them as a direct consequence of the crime or
offence and not to exonerate the offender/accused from their
culpability – s.395 of the Bhartiya Nagarik Suraksha Sanhita,
2023 (alternatively Section 357 of the Criminal Procedure Code,
1973) recognises the loss caused to the victim and accordingly
provides for granting monetary compensation to the victim – The
said provision of victim compensation is not an alternative to the
sentence or punishment imposed, however, the compensation is
just an addition to the sentence already awarded. [Paras 29, 30]

Criminal Jurisprudence – Punishment – Objective:
Held: The objective of punishment is not to seek vengeance for
the crime, rather, it is an attempt to reconstruct the damaged social
fabric of society in order to pull back its wheel on the track – The
objective of punishment is to create an effective deterrence so that
the same crime/actions are prevented and mitigated in future – The
consideration to be kept in mind while awarding punishment is to
ensure that the punishment should not be too harsh, but at the
same time, it should also not be too lenient so as to undermine
its deterrent effect. [Paras 21, 22]

Case Law Cited
State of Madhya Pradesh v. Suresh [2019] 5 SCR 836 : (2019) 14
SCC 151; State of Madhya Pradesh v. Kashiram & Ors. [2009] 1
246 [2026] 3 S.C.R.

Supreme Court Reports

SCR 806 : (2009) 4 SCC 26; State of Madhya Pradesh vs. Mohan
and Others [2013] 7 SCR 802 : (2013) 14 SCC 116; Hazara Singh v.
Raj Kumar and Others [2013] 5 SCR 979 : (2013) 9 SCC 516;
Ahmed Hussein Vali Mohammed Saiyed and Another v. State of
Gujarat [2009] 8 SCR 719 : (2009) 7 SCC 254; Guru Basvaraj
Alias Benne Settappa v. State of Karnataka [2012] 8 SCR 189 :
(2012) 8 SCC 734; State of M.P. v. Saleem Alias Chamaru and
Another [2005] Supp. 1 SCR 562 : (2005) 5 SCC 554; State of
Punjab v. Saurabh Bakshi [2015] 3 SCR 590 : (2015) 5 SCC 182;
State of Punjab v. Dil Bahadur [2023] 3 SCR 766 : (2023) 18 SCC
183; Shivani Tyagi v. State of U.P. & Another [2024] 5 SCR 36 :
2024 SCC OnLine SC 842 – referred to.

List of Acts
Bhartiya Nagarik Suraksha Sanhita, 2023; Criminal Procedure
Code, 1973; Penal Code, 1860.

List of Keywords
Reduction of sentence; Practice of enhancing the compensation
payable to the victim and reducing the sentence; Victim
compensation; Restitutory in nature, Victim compensation not
equivalent to or a substitute for punishment; Reducing sentence
in cases of grave offence; Criminal jurisprudence; Punishment;
Penology; Victimology; Life-threatening injuries to the victim in an
assault; Amount of the fine imposed enhanced.

Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
949 of 2026
From the Judgment and Order dated 18.12.2020 of the High
Court of Judicature at Madras at Madurai in CRLRC(MD) No.
121 of 2016

Appearances for Parties
Advs. for the Appellant(s):
A Velan, Ms. Navpreet Kaur, Mritunjay Pathak, Prince Singh.
Advs. for the Respondent(s):
V.Krishnamurthy, Sr. A.A.G., Sabarish Subramanian, M.P. Parthiban,
Ms. Priyaranjani Nagamuthu, Bilal Mansoor, Shreyas Kaushal.
[2026] 3 S.C.R. 247

Parameshwari v. The State of Tamil Nadu & Ors.

Judgment / Order of the Supreme Court

Judgment

Vijay Bishnoi, J.

“नृपृ स्य परमोो धर्मःः� प्रजाानांं� परि�पाालनम्् ।
दुुष्टाानांं� ग्रहणंं नि�त्यंं नि�त्याानांं� च वि�नााशनम्् ॥”
The supreme objective of law is the protection of society
and creating a deterrence against crime by imposing
adequate punishment.

Leave Granted.
2. This appeal has been preferred by the Appellant challenging the
Judgment dated 18.12.2020 (hereinafter referred to as “impugned
judgment”) passed in Crl. R.C. (MD) No. 121 of 2016 by the High
Court of Judicature at Madras, Madurai Bench (hereinafter referred
to as “the High Court”) wherein the criminal revision filed by the
Respondent No. 2 and Respondent No. 3 (hereinafter referred to as
“Private Respondents”) was allowed by the High Court. The High
Court upheld the conviction of Private Respondents for the offences
punishable under Section 307, 326 and 324 of the Indian Penal
Code, 1860 (hereinafter referred to as “IPC”), but it modified the
sentence awarded to them from three years rigorous imprisonment
along with a fine of ₹ 5,000/- each (totalling to ₹ 10,000/-) to period
already undergone with an enhanced fine of ₹ 50,000/- each (totalling
to ₹ 1,00,000/-).

FACTUAL MATRIX
3. As per the prosecution story, Crime No. 142/2009 was registered at
Thiruppachethi Police Station, wherein it was alleged that there was
previous enmity between the victim and the Private Respondents.
On 06.06.2009 at about 03.00 PM, the Private Respondents came
with knives, while the other two accused persons came with sticks.
The Private Respondents stabbed the victim with knives on the left
side of the chest, in the left rib, abdomen, and on the right hand
palm. The other accused persons attacked the victim with sticks,
causing minor injuries. Further, it was also alleged that the Private
Respondents, along with the other accused persons, have used
abusive language against the victim.
248 [2026] 3 S.C.R.

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4. During the investigation, the Private Respondents and the other
accused persons were arrested, and based on the confessional
statement of one of the other accused persons, the knives used for
committing the offence were discovered. Further, the Police recorded
the statements of the victim and other witnesses. After completion
of the investigation, a charge sheet dated 25.06.2009 was filed
under Sections 294(b), 323, 324, 326, and 307 of IPC against all
the accused persons (including the Private Respondents) before the
Addl. District Munsif cum Judicial Magistrate Court, Manamadurai.
5. Subsequently, the Addl. District Munsif cum Judicial Magistrate Court,
Manamadurai, committed the case to the District and Sessions Court,
Sivagangai, which framed charges under Sections 294(b), 326,
and 307 of the IPC against Respondent No 2 and under Sections
294(b), 324, and 307 of the IPC against Respondent No 3, and
under Sections 294(b) and 323 of the IPC against the other accused
persons. Thereafter, the case was transferred by the District and
Sessions Court, Sivagangai, to the Chief Judicial Magistrate cum
Subordinate Court/ Assistant Sessions Judge, Sivagangai (hereinafter
referred to as “Trial Court”).
6. During the trial, the complainant Rajendran (hereinafter referred to
as “PW1”), deposed that he knew the accused persons, including
the Private Respondents, as they belonged to his village. Further,
PW1 reiterated the complaint and stated that he took the victim to
the Thiruppachethi Police Station and lodged the complaint. Further,
the Appellant herein was examined as PW3, and the victim was
examined as PW2. Additionally, Dr. Prabhakaran, who was examined
as PW9, identified that the victim had sustained four stab injuries,
and that these types of injuries, if not immediately treated, could be
life-threatening.
7. After analysing all the evidence produced before it, the Trial Court
vide its final order and judgment dated 28.11.2013, convicted the
Private Respondents under Section 307, 326 and 324 of the IPC. The
Trial Court held that the evidence of PW1, PW9, and the Appellant
herein were corroborating the evidence of the Victim. Further, the
other accused persons were acquitted of the charge under Section
323 of the IPC, as the prosecution failed to prove their guilt beyond
a reasonable doubt. Additionally, the Trial Court acquitted all the
accused persons, including the Private Respondents, of the charge
framed under Section 294(b) of the IPC.
[2026] 3 S.C.R. 249

Parameshwari v. The State of Tamil Nadu & Ors.

8. Accordingly, the Trial Court sentenced the Private Respondents to
undergo rigorous imprisonment of three years and to pay a fine of
₹ 5,000/- each, and failing which to undergo a simple imprisonment
for a period of one month, under Section 307 of the IPC. It further
held that there was no requirement to award separate sentences
under Sections 326 and 324 of the IPC.
9. Aggrieved, the Private Respondents filed Crl. Appeal No. 55/2013
before the District Sessions Fast Track Mahila Court, Sivagangai,
challenging the judgment and final order dated 28.11.2013 passed
by the Trial Court.
10. The District Sessions Fast Track Mahila Court, Sivagangai vide
judgment and final order dated 23.02.2016, dismissed the appeal
preferred by the Private Respondents and upheld the conviction and
sentence awarded by the Trial Court. The District Sessions Fast Track
Mahila Court, Sivagangai, held that the Private Respondents with the
motive and intention to murder the victim, have inflicted the injuries
on the victim. Additionally, they had the knowledge that causing such
bodily injury is sufficient in the ordinary course of nature to cause
death, and hence, the charge under Section 307 of IPC is proved
beyond doubt. Further, it was also held that the occurrence of the
incident had been sufficiently corroborated by the oral evidence and
medical evidence on record.
11. Aggrieved, the Private Respondents preferred Criminal Revision
bearing Crl. R.C. (MD) No.121 of 2016 before the High Court against
the judgment dated 23.02.2016 passed by the District Sessions Fast
Track Mahila Court, Sivagangai. During the pendency of the same,
the victim passed away on 10.04.2017 under circumstances not
germane to the present case. It appears that during the pendency
of the Criminal Revision bearing Crl. R.C. (MD) No.121 of 2016, the
Appellant herein (wife of the victim) was impleaded as Respondent
No. 2 pursuant to the order dated 13.08.2019 passed by the High
Court.
12. Before the High Court, it was contended by the Private Respondents
that more than 10 ½ years had elapsed since the occurrence of
the alleged incident, and some other persons had also murdered
the victim. The Private Respondents did not challenge their guilt;
however, they depicted their willingness to pay a sum of ₹ 1,00,000/-
(₹ 50,000/- each) to the Appellant herein.
250 [2026] 3 S.C.R.

Supreme Court Reports

13. Accepting the aforesaid contentions raised on behalf of the Private
Respondents, the High Court vide impugned judgment, confirmed the
conviction of the Private Respondents but modified the sentence from
rigorous imprisonment for three years to the period of imprisonment
already undergone by them, i.e., two months. Further, the High
Court also enhanced the amount of the fine imposed on the Private
Respondents from ₹ 5,000/- each (totalling to ₹ 10,000/-) to a further
sum of ₹ 50,000/- each (totalling to ₹ 1,00,000/-). The impugned
judgment is reproduced hereinbelow for reference:

“ORDER
1. The revision petitioners were prosecuted for the offences
under Sections 294(b), 323, 324, 326 and 307 of I.P.C. on
the file of the Chief Judicial Magistrate/Assistant Sessions
Judge, Sivagangai.
2. In support of the charges, the prosecution examined as
many as ten witnesses. The case of the prosecution is that
the accused herein stabbed the victim in the abdomen. The
victim was said to have been in hospital for about 20 days.
P.W.1 was the complainant. P.W.2 was the injured witness.
P.W.3 who is the second respondent herein is the wife of
P.W.2. The trial Judge, after going through the evidence
on record came to the conclusion that the prosecution had
proved its case beyond reasonable doubt. Vide Judgment
dated 28.11.2013, the learned trial Judge convicted both
the petitioners herein for the offences under Section 307
of I.P.C. and sentenced each of them to undergo three
years Rigorous Imprisonment. Fine of Rs.5,000/- was also
imposed. Though they were also convicted for the other
charges, no separate sentence was awarded. Though there
were two other accused in this case, namely, accused
Nos.3 and 4, they were acquitted. The same was put to
challenge in C.A.No.55 of 2013. Vide Judgment dated
23.02.2016, the learned appellate Judge confirmed the
conviction Judgment of the trial Court and dismissed the
appeal. Challenging the same, this criminal revision case
came to be filed.
3. Even before commencing the argument, the learned
counsel appearing for the revision petitioners submitted
[2026] 3 S.C.R. 251

Parameshwari v. The State of Tamil Nadu & Ors.

that having regard to the evidence on record, he would not
challenge the finding of guilt. He only seeks modification in
the matter of sentence. He pointed out that the occurrence
had taken place way back in June 2009. More than 10½
years have elapsed. The petitioners did not come under
any adverse notice either before or after the occurrence.
The victim had been murdered by some other persons a
few years later. The petitioners are willing to pay a sum
of Rs.1,00,000/-as compensation (Rs.50,000/-each) to the
wife of the victim.
4. The petitioners had been in prison for about two months.
Taking note of all these aspects, even while confirming
the conviction imposed on the petitioners, the sentence
of imprisonment imposed on the petitioners is modified to
the period already undergone by them. The fine amount
of Rs.5,000/- each imposed on them is enhanced and the
petitioners are directed to pay a further sum of Rs.50,000/-
each (Totally Rs.1,00,000/-). The enhanced fine amount
will be paid by the petitioners within a period of eight
weeks from the date of receipt of a copy of this order.
The enhanced fine amount to be paid by the petitioners
will be handed over by the Court below to the wife of the
victim as compensation. The second respondent herein
Parameshwari, wife of the victim is represented by her
counsel. If the petitioners fail to deposit the enhanced
fine amount, they will have to undergo one year Rigorous
Imprisonment by way of default sentence.
5. In this view of the matter, the sentence imposed by the
impugned Judgment is modified and this criminal revision
case is partly allowed.”

CONTENTION OF THE PARTIES
14. Learned Counsel for the Appellant, Mr. A Velan, herein primarily
contended that the reduction of sentence to the period already
undergone by the High Court is illegal and misplaced. It was submitted
that the sentence must be commensurate with the seriousness of
the crime, as held by this Court in State of Madhya Pradesh vs.
Suresh reported in (2019) 14 SCC 151, wherein it was observed that
252 [2026] 3 S.C.R.

Supreme Court Reports

it is the duty of the Court to award just and adequate punishment to
the wrongdoer, in proportion with the gravity of the crime. Reliance
was also placed on the judgment of this Court passed in State of
Madhya Pradesh vs. Kashiram & Ors reported in (2009) 4 SCC
26, mentioning that mere lapse of time is not a mitigating factor.
Additionally, with regard to compensating the victim’s family, it
was contended that additional compensation to a victim who has
passed away is fruitless. The learned counsel, thus, contended that
by relying on irrelevant factors and reducing the sentence without
cogent reasons, the High Court exceeded its revisional jurisdiction.
15. Mr. V. Krishnamurthy, Learned Additional Advocate General (hereinafter
referred to as “AAG”) for the State of Tamil Nadu, in tandem with the
arguments led by the counsel of Appellant, submitted that the High
Court failed to state cogent reasons for such a reduction in sentence,
which is an essential requirement as reiterated by this Court in State
of Madhya Pradesh vs. Mohan and others reported in (2013) 14
SCC 116. The learned AAG has also stated that freeing the accused
of punishment would lead them to flee from justice and might harm
society as a whole. It was further submitted that the punishment must
be commensurate with the gravity of the crime and that herein, the
High Court, while exercising its revisionary powers, showed undue
sympathy in reducing the sentence. He has also pointed out to the
fact that a three-year sentence as imposed by the trial Court would
not be improper based on the heinous nature of the crime.
16. Mr. M.P. Parthibhan, learned counsel appearing for the Private
Respondents have contended before us that the judgment of the
High Court could not be faulted with as the High Court had passed
the order of reducing the sentence after due consideration of all the
relevant factors including the time lapsed since the incident, the death
of the victim (attributable to murder in some other incident), and the
antecedents of the Private Respondents. It was further contended
that the Private Respondents were willing to pay ₹ 1,00,000/- (₹
50,000/- each) as compensation to the family of the victim and
accordingly, the High Court had rightly reduced the sentence from
rigorous imprisonment for three years to the period already undergone,
i.e., 2 months and increased the amount of fine from ₹ 10,000/-
(₹ 5,000/- each) to ₹ 1,00,000/- (₹ 50,000/- each). It was further
contended by the learned counsel for Private Respondents that the
High Court precisely took note of all the relevant factors in reducing
[2026] 3 S.C.R. 253

Parameshwari v. The State of Tamil Nadu & Ors.

the sentence and increasing the fine amount so as to reinforce the
spirit of the criminal justice system by affording the opportunity for
reformation to the Private Respondents.

ANALYSIS
17. To appreciate the contentious submissions made at the bar, we
have meticulously perused the petition and appreciated the materials
on record and the judgments of the subordinate Courts. The only
question that requires determination in this appeal is whether the
High Court was justified in reducing the sentence awarded to the
Private Respondents.
18. It is required to be stated outrightly that the Trial Court convicted the
accused persons under Section 307, 324 and 326 of the IPC and
sentenced them to undergo rigorous imprisonment of three years and
a fine of ₹ 5,000/- each (totalling to ₹ 10,000/-). The High Court vide
impugned judgment maintained the conviction; however, it reduced
the sentence to the period already undergone, i.e., 2 months, in a
case wherein the accused persons inflicted life-threatening injuries
to the victim in an assault.
19. We are constrained to observe that the High Court acted in complete
defiance of the law and created a travesty of the established criminal
jurisprudence in arriving at its conclusion. The High Court in the
impugned judgment noted that more than 10 ½ years had elapsed
since the incident and that the victim had been murdered by some
other persons a few years later. Based on these aspects, the High
Court modified the sentence awarded to the accused persons. Apart
from the above, the High Court failed to reason out the circumstances,
acting on which, it reduced the sentence for such a heinous offence
and thereby, erred in not applying its judicial mind to accurately
decide the sentence.
20. Before we jump into the merits of the case, it is quintessential to touch
upon the foundational aspects of criminal jurisprudence, including
punishment, penology and victimology.
21. While deliberating upon the desirability of punishment, Prof. HLA
Hart observed:
“We do not live in society in order to condemn though we
may condemn in order to live.” (HLA Hart’s Punishment
and Responsibility, pp. 182)
254 [2026] 3 S.C.R.

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The objective of punishment is not to seek vengeance for the crime,
rather, it is an attempt to reconstruct the damaged social fabric of
society in order to pull back its wheel on the track.
22. The objective of punishment is to create an effective deterrence so
that the same crime/actions are prevented and mitigated in future.
The consideration to be kept in mind while awarding punishment is
to ensure that the punishment should not be too harsh, but at the
same time, it should also not be too lenient so as to undermine its
deterrent effect.
23. This Court, in the judgment of Hazara Singh vs. Raj Kumar and
others reported in (2013) 9 SCC 516, held that the cardinal principle
of sentencing policy is that the sentence imposed on an offender
should be commensurate to the crime committed and be proportionate
to the gravity of the offence. This Court therein held as under:
“11. The cardinal principle of sentencing policy is that
the sentence imposed on an offender should reflect the
crime he has committed and it should be proportionate
to the gravity of the offence. This Court has repeatedly
stressed the central role of proportionality in sentencing
of offenders in numerous cases.
XXXX
17. We reiterate that in operating the sentencing system,
law should adopt the corrective machinery or deterrence
based on factual matrix. The facts and given circumstances
in each case, the nature of the crime, the manner in which
it was planned and committed, the motive for commission
of the crime, the conduct of the accused, the nature of
weapons used and all other attending circumstances
are relevant facts which would enter into the area of
consideration. We also reiterate that undue sympathy to
impose inadequate sentences would do more harm to the
justice system to undermine the public confidence in the
efficacy of law. It is the duty of every court to award proper
sentence having regard to the nature of the offence and
the manner in which it was executed or committed. The
court must not only keep in view the rights of the victim of
[2026] 3 S.C.R. 255

Parameshwari v. The State of Tamil Nadu & Ors.

the crime but also the society at large while considering
the imposition of appropriate punishment.”
(emphasis supplied)

24. This objective was also reiterated by this Court in a catena of
judgments (see: Ahmed Hussein Vali Mohammed Saiyed and
Another vs. State of Gujarat reported in (2009) 7 SCC 254); Guru
Basvaraj Alias Benne Settappa vs. State of Karnataka reported
in (2012) 8 SCC 734 and various others) wherein it was held that
the object of awarding appropriate sentences is that society should
be protected and the crimes should be deterred. The balancing has
to be done between the rights of the accused and the needs of the
society at large.
25. This Court in the judgment of State of M.P. vs. Saleem Alias
Chamaru and Another reported in (2005) 5 SCC 554 was dealing
with the validity of the judgment of the High Court wherein the High
Court had reduced the sentence awarded to the accused (in conviction
under Sections 307 and 330 of the IPC) from 5 years to the period
already undergone, i.e., six months and 23 days. This Court, therein,
while setting aside the judgment of the High Court, held that undue
sympathy shown towards the accused while imposing an inadequate
sentence would do more harm to society and erode the trust of the
public in the justice system. The Court therein held as follows:
“...6. Undue sympathy to impose inadequate sentence
would do more harm to the justice system to undermine
the public confidence in the efficacy of law and society
could not long endure under such serious threats. It is,
therefore, the duty of every court to award proper sentence
having regard to the nature of the offence and the manner
in which it was executed or committed, etc. This position
was illuminatingly stated by this Court in Sevaka Perumal v.
State of T.N. [(1991) 3 SCC 471 : 1991 SCC (Cri) 724 :
AIR 1991 SC 1463]
7. After giving due consideration to the facts and
circumstances of each case, for deciding just and
appropriate sentence to be awarded for an offence, the
aggravating and mitigating factors and circumstances in
which a crime has been committed are to be delicately
256 [2026] 3 S.C.R.

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balanced on the basis of really relevant circumstances in a
dispassionate manner by the court. Such act of balancing
is indeed a difficult task. It has been very aptly indicated in
Dennis Councle McGautha v. State of California [402 US
183 : 28 L Ed 2d 711 (1971)] that no formula of a foolproof
nature is possible that would provide a reasonable criterion
in determining a just and appropriate punishment in the
infinite variety of circumstances that may affect the gravity
of the crime. In the absence of any foolproof formula
which may provide any basis for reasonable criteria to
correctly assess various circumstances germane to the
consideration of gravity of crime, the discretionary judgment
in the facts of each case, is the only way in which such
judgment may be equitably distinguished.
8. The object should be to protect society and to deter the
criminal in achieving the avowed object of law by imposing
appropriate sentence. It is expected that the courts would
operate the sentencing system so as to impose such
sentence which reflects the conscience of the society and
the sentencing process has to be stern where it should be.
9. Imposition of sentence without considering its effect
on the social order in many cases may be in reality
a futile exercise. The social impact of the crime e.g.
where it relates to offences against women, dacoity,
kidnapping, misappropriation of public money, treason
and other offences involving moral turpitude or moral
delinquency which have great impact on social order and
public interest, cannot be lost sight of and per se require
exemplary treatment. Any liberal attitude by imposing
meagre sentences or taking too sympathetic view merely
on account of lapse of time in respect of such offences
will be resultwise counterproductive in the long run and
against societal interest which needs to be cared for
and strengthened by a string of deterrence inbuilt in the
sentencing system.
10. The court will be failing in its duty if appropriate
punishment is not awarded for a crime which has been
committed not only against the individual victim but also
[2026] 3 S.C.R. 257

Parameshwari v. The State of Tamil Nadu & Ors.

against the society to which the criminal and victim belong.
The punishment to be awarded for a crime must not be
irrelevant but it should conform to and be consistent with
the atrocity and brutality with which the crime has been
perpetrated, the enormity of the crime warranting public
abhorrence and it should “respond to the society’s cry for
justice against the criminal”.”
26. The view taken by this Court in Saleem (supra) has been consistently
reiterated by this Court in a series of judgments, including State of
Punjab vs. Saurabh Bakshi reported in (2015) 5 SCC 182, State
of Punjab vs. Dil Bahadur reported in (2023) 18 SCC 183 and
several others.
27. This Court, while again discussing the same issue in Suresh (supra)
reiterated that the Courts must keep in mind several factors, while
imposing or reducing the sentence of any accused. The Court therein
also held that sentencing is awarding just and adequate punishment
to the wrongdoer, and is the primary duty of the courts. The relevant
portion of the said judgment is reproduced herein under:
“11. In State of M.P. v. Ghanshyam Singh [State of M.P. v.
Ghanshyam Singh, (2003) 8 SCC 13 : 2003 SCC (Cri)
1935] , relating to the offence punishable under Section
304 Part I IPC, this Court found sentencing for a period
of 2 years to be too inadequate and even on a liberal
approach, found the custodial sentence of 6 years serving
the ends of justice. This Court underscored the principle
of proportionality in prescribing liability according to the
culpability; and while also indicating the societal angle of
sentencing, cautioned that undue sympathy leading to
inadequate sentencing would do more harm to the justice
system and undermine public confidence in the efficacy of
law. This Court observed, inter alia, as under: (SCC pp.
19-21, paras 12-15, 17 & 19)
“12. Therefore, undue sympathy to impose
inadequate sentence would do more harm to
the justice system to undermine the public
confidence in the efficacy of law and society
could not long endure under such serious
threats. It is, therefore, the duty of every court
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to award proper sentence having regard to the
nature of the offence and the manner in which
it was executed or committed, etc. This position
was illuminatingly stated by this Court in Sevaka
Perumal v. State of T.N. [Sevaka Perumal v.
State of T.N., (1991) 3 SCC 471 : 1991 SCC
(Cri) 724]
13. Criminal law adheres in general to the
principle of proportionality in prescribing liability
according to the culpability of each kind of
criminal conduct. It ordinarily allows some
significant discretion to the Judge in arriving at
a sentence in each case, presumably to permit
sentences that reflect more subtle considerations
of culpability that are raised by the special facts
of each case. Judges, in essence, affirm that
punishment ought always to fit the crime; yet
in practice sentences are determined largely
by other considerations. Sometimes it is the
correctional needs of the perpetrator that are
offered to justify a sentence, sometimes the
desirability of keeping him out of circulation,
and sometimes even the tragic results of his
crime. Inevitably, these considerations cause
a departure from just deserts as the basis
of punishment and create cases of apparent
injustice that are serious and widespread.
14. Proportion between crime and punishment
is a goal respected in principle, and in spite of
errant notions, it remains a strong influence in
the determination of sentences. The practice
of punishing all serious crimes with equal
severity is now unknown in civilised societies,
but such a radical departure from the principle
of proportionality has disappeared from the
law only in recent times. Even now for a single
grave infraction drastic sentences are imposed.
Anything less than a penalty of greatest severity
for any serious crime is thought then to be
[2026] 3 S.C.R. 259

Parameshwari v. The State of Tamil Nadu & Ors.

a measure of toleration that is unwarranted
and unwise. But in fact, quite apart from
those considerations that make punishment
unjustifiable when it is out of proportion to the
crime, uniformly disproportionate punishment has
some very undesirable practical consequences.
15. After giving due consideration to the facts
and circumstances of each case, for deciding
just and appropriate sentence to be awarded
for an offence, the aggravating and mitigating
factors and circumstances in which a crime has
been committed are to be delicately balanced on
the basis of really relevant circumstances in a
dispassionate manner by the court. Such act of
balancing is indeed a difficult task. It has been
very aptly indicated in McGautha v. California
[McGautha v. California, 1971 SCC OnLine US
SC 89 : 28 L Ed 2d 711 : 402 US 183 (1971)]
that no formula of a foolproof nature is possible
that would provide a reasonable criterion in
determining a just and appropriate punishment
in the infinite variety of circumstances that may
affect the gravity of the crime. In the absence
of any foolproof formula which may provide
any basis for reasonable criteria to correctly
assess various circumstances germane to
the consideration of gravity of crime, the
discretionary judgment in the facts of each case
is the only way in which such judgment may be
equitably distinguished.
***
17. Imposition of sentence without considering
its effect on the social order in many cases
may be in reality a futile exercise. The social
impact of the crime e.g. where it relates to
offences against women, dacoity, kidnapping,
misappropriation of public money, treason and
other offences involving moral turpitude or moral
260 [2026] 3 S.C.R.

Supreme Court Reports

delinquency which have great impact on social
order and public interest cannot be lost sight of
and per se require exemplary treatment. Any
liberal attitude by imposing meagre sentences or
taking too sympathetic a view merely on account
of lapse of time in respect of such offences will
be resultwise counterproductive in the long run
and against societal interest which needs to
be cared for and strengthened by a string of
deterrence inbuilt in the sentencing system.
***
19. Similar view has also been expressed in
Ravji v. State of Rajasthan [Ravji v. State of
Rajasthan, (1996) 2 SCC 175 : 1996 SCC (Cri)
225] . It has been held in the said case that it is
the nature and gravity of the crime but not the
criminal, which are germane for consideration
of appropriate punishment in a criminal trial.
The court will be failing in its duty if appropriate
punishment is not awarded for a crime which has
been committed not only against the individual
victim but also against the society to which the
criminal and victim belong. The punishment to
be awarded for a crime must not be irrelevant
but it should conform to and be consistent with
the atrocity and brutality with which the crime
has been perpetrated, the enormity of the crime
warranting public abhorrence and it should
‘respond to the society’s cry for justice against
the criminal’.”
(emphasis supplied)

XXXXXX
13. Therefore, awarding of just and adequate punishment
to the wrongdoer in case of proven crime remains a part
of duty of the court. The punishment to be awarded in a
case has to be commensurate with the gravity of crime as
also with the relevant facts and attending circumstances. Of
[2026] 3 S.C.R. 261

Parameshwari v. The State of Tamil Nadu & Ors.

course, the task is of striking a delicate balance between
the mitigating and aggravating circumstances. At the same
time, the avowed objects of law, of protection of society
and responding to the society’s call for justice, need to be
kept in mind while taking up the question of sentencing
in any given case. In the ultimate analysis, the proportion
between the crime and punishment has to be maintained
while further balancing the rights of the wrongdoer as
also of the victim of the crime and the society at large.
No straitjacket formula for sentencing is available but the
requirement of taking a holistic view of the matter cannot
be forgotten.
14. In the process of sentencing, any one factor, whether of
extenuating circumstance or aggravating, cannot, by itself,
be decisive of the matter. In the same sequence, we may
observe that mere passage of time, by itself, cannot be a
clinching factor though, in an appropriate case, it may be of
some bearing, along with other relevant factors. Moreover,
when certain extenuating or mitigating circumstances are
suggested on behalf of the convict, the other factors relating
to the nature of crime and its impact on the social order
and public interest cannot be lost sight of.”
28. At this juncture, it is also imperative for us to mention that retribution
is not the ultimate aim of our criminal justice system, rather it hinges
on principles of reformation and restitution. The criminal justice
system aims to achieve the twin objectives of creating a deterrence
against crime and also providing an opportunity for reformation
to the offender. Due consideration has also been provided by our
legal system to the rights of the victim, who essentially are the first
sufferers of the crime.
29. Section 395 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (herein
referred to as “BNSS”) (alternatively Section 357 of the Criminal
Procedure Code, 1973) recognises the loss caused to the victim
and accordingly provides for granting monetary compensation to the
victim. The said provision of victim compensation is not an alternative
to the sentence or punishment imposed, however, the compensation
is just an addition to the sentence already awarded.
30. The provision of victim compensation finds its roots in victimology,
which acknowledges victims as the primary sufferers of the crime
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and advocates the idea of providing some relief to the victims from
their grief and suffering. The rationale behind victim compensation
is to rehabilitate the victim for the loss and injury caused to them as
a direct consequence of the crime or offence and not to exonerate
the offender/accused from their culpability.
31. The practice of enhancing the compensation payable to the victim
and reducing the sentence, especially in cases of grave offence, is
dangerous as it might send a wrong message to society that the
offenders/accused persons can absolve themselves from their liability
by merely paying a monetary consideration.
32. Compensation payable to the victim is only restitutory in nature,
and it cannot be considered as equivalent to or a substitute for
punishment. Punishment is punitive in nature, and its object is to
create an adequate deterrence against the said crime and to send
a social message to the miscreants that any violation of the moral
turpitude of society would come with consequences, which cannot
merely be “purchased by money”.
33. It would be apt to discuss the judgment of this Court in the Shivani
Tyagi vs. State of U.P. & Another reported in 2024 SCC OnLine
SC 842, wherein this bench through one of us (Rajesh Bindal, J.)
while concurring with the judgment was dealing with a horrendous
situation where in an offence related to acid attack, the High Court
suspended the sentence of the accused in lieu of payment of ₹ 25
lakhs to the victim for medical treatment. The High Court went to the
extent of directing the payment to be deposited with the court when
the victim refused to accept the said amount. This Court while setting
aside the judgment of the High Court termed that such payment was
kind of “Blood Money” to the victim by the offenders. The relevant
extracts from the said judgment are reproduced herein below:
“22. From the facts it can safely be noticed that there is
no question of acceptance of money by the victim as she
has challenged the order of suspension of sentence of
the private respondents.
XXXXXX
27. The impugned order passed by the High Court is
perused. Specifically the order dated 21.02.2024 passed in
[2026] 3 S.C.R. 263

Parameshwari v. The State of Tamil Nadu & Ors.

the Correction Application. The order does not suggest that
there was any consideration of the parameters laid down
by this court for grant of bail or suspension of sentence.
Instead, the High Court had noticed and directed that the
convicts have offered to pay compensation to the victim for
grant of suspension of sentence, which when she refused
to accept, was directed to be deposited in the court. It was
in a way kind of “Blood Money” offered by the convicts to
the victim for which there is no acceptability in our criminal
justice system.”
34. The misplaced understanding of various courts in treating
compensation as a substitute of sentence is both a matter of concern
and a practice which should be condemned. We have observed a
trend amongst various High Courts wherein the sentences awarded
to the accused persons by the Trial Court are reduced capriciously
and mechanically, without any visible application of judicial mind.
Considering the gravity of the situation as thus, we have culled out
certain basic factors, which are to be kept in mind by the courts
while dealing with imposition of sentence, in line with the view taken
by this Court in the aforementioned cases. The said factors are
enunciated as below:
A. Proportionality: Adherence to the principle of “just deserts”
ought to be the primary duty of the courts. There should be
proportionality between the crime committed and the punishment
awarded, keeping in consideration the gravity of the offence.
B. Consideration to Facts and Circumstances: Due consideration
must be given to the facts and circumstances of the case,
including the allegations, evidence and the findings of the trial
court.
C. Impact on Society: While imposing sentences, the courts shall
bear in mind that crimes essentially impair the social fabric of
the society (of which the victim(s) is/are an indispensable part)
and erodes public trust. The sentence should be adequate to
maintain the public trust in law and administration, however,
caution should also be taken, and the Court shall not be swayed
by the outrage or emotions of the public and must decide the
question independently.
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D. Aggravating and Mitigating Factors: The courts, while
deciding the sentence or modifying the sentence, must weigh
the circumstances in which the crime was committed, and
while doing so, the court must strike a fair balance between
the aggravating and the mitigating factors.
35. In the present case, the testimonies on record of the PW1 (the
complainant), PW2 (the victim), and PW3 (the Appellant herein),
when taken conjointly, clearly establishes existence of prior enmity
between the victim and the Private Respondents herein who had
caused injuries to the victim. Further, these testimonies have been
corroborated by the statements of PW9 (Doctor), who had stated
that the victim suffered 4 stab injuries, which were grievous in nature
to the extent that, if not given immediate care, could have been
life-threatening.
36. We have carefully considered the decisions of the Trial Court, and
are of the view that the Trial Court rightly convicted the Private
Respondents under Sections 307, 324 and 326 of the IPC as the
injuries were grievous and life-threatening. This decision was further
affirmed, correctly so, by the District and Sessions Fast Track Mahila
Court, Sivagangai.
37. Thereafter, the High Court, while exercising its revisionary powers,
very ignominiously reduced the sentence of the Private Respondents
to the period already undergone. The High Court was so undesirous
to even glance through the fact that the Trial Court had already
taken into consideration all the relevant factors while imposing the
sentence and showed adequate leniency while awarding sentence
of rigorous imprisonment for three years only, whereas the maximum
punishment permissible for the offence under Section 307 of the IPC
is ten years. Additionally, the undue sympathy shown by the High
Court herein was totally unwarranted, and such displays of overt
sentiments risk undermining the administration of justice, as it is
imperative that justice is not merely done but also seen to be done.
38. In light of the above discussion, we are of the view that the impugned
judgment warrants interference and is, therefore, set aside. Further,
the judgment of conviction and sentence dated 28.11.2013 passed by
the Chief Judicial Magistrate/Assistant Sessions Judge, Sivagangai
and later confirmed by the District Sessions Fast Track Mahila Court,
Sivagangai, are affirmed. The appeal stands allowed.
[2026] 3 S.C.R. 265

Parameshwari v. The State of Tamil Nadu & Ors.

39. We direct that the Private Respondents must surrender before the
Trial Court within four weeks from today and shall serve the remaining
part of the sentence awarded to them. The Trial Court shall ensure
that they serve the remaining sentence, after adjustment of the
period already undergone by them. In case the Private Respondents
fail to surrender within the stipulated time, the Trial Court shall take
appropriate steps as permissible under the law to ensure compliance
of the above stated directions.
40. Pending application(s), if any, shall stand disposed of.

Result of the case: Appeal allowed.

†
Headnotes prepared by: Divya Pandey