Article 142 of Constitution of India

 

Statue

Important Points

1. Plenary Jurisdiction of SC to impart complete justice under A142 
2. A142 cannot ipso facto be limited or restricted by ordinary statutory provisions
3. In absence of an express provision akin to section 482 CrPc conferring powers on SC to abrogate and set aside criminal proceedings, the jurisdiction exercisable u/s A142 of constitution embraces this court with Scorpius power to quash criminal proceedings also, so as to secure complete justice.
4. Overarching objective of sentencing in the criminal justice system
1. sublime philosophy of maintenance of peace of the collective and that the rationale of placing individual behind bars is aimed at his reformation.
5. Powers u/s 142 which have wide amplitude ought to be exercised carefully in context of quashing criminal proceedings
1. Nature and effect of the offence on the conscious of the society
2. seriousness of the injury, if any
3. Voluntary nature of compromise b/w the accused and the victim
4. Conduct of the accused persons, prior to and after the occurrence of the puported offence and/or other relevant consideration.