Is it possible for a judge to exceed the legal punishment?

1.Whether a judge (be it a district judge or an Hon'ble High Court Judge or an Hon'ble Supreme Court Judge) have the power to award excess punishment (particularly imprisonment) than what is prescribed in law at force. 2. If there is such a power, kindly provide information regarding the section(s) of the specific act or article(s) of the Indian constitution that confers such power to Judges. 3. Latter part of Art 20(1) of Indian constitution clearly says 'no greater penalty'. Article 20: Protection in respect of conviction for offences: (1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

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Advocate By LEAD INDIA Answered: 16 Dec 2023

1. No, judges (at any level) cannot award excess punishment than what is prescribed by law.

2. There is no section or article that empowers judges to award excess punishment.

3. Article 20(1) explicitly prohibits awarding "no greater penalty" than what is prescribed by law.

If you encounter a situation where a judge seems to be awarding excess punishment, you should immediately seek legal advice, Contact us on helpline number for experience lawyer

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