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SENTENCING IN INDIA’S CRIMINAL JUSTICE SYSTEM: JUDICIAL INTERPRETATIONS AND COMPARATIVE ANALOGIES

  • Unique Paper ID: 166467
  • Volume: 11
  • Issue: 2
  • PageNo: 899-903
  • Abstract:
  • Sentencing in India’s criminal justice system is a nuanced and evolving aspect of legal practice that balances deterrence, retribution, and rehabilitation. This article delves into the judicial interpretations that have shaped sentencing policies in India, focusing on landmark Supreme Court decisions that underscore the principles of proportionality and individualization. Central to this analysis is the “rarest of rare” doctrine, which guides the imposition of capital punishment, and the judicial clarifications on life imprisonment. Despite the absence of formalized sentencing guidelines, judicial discretion remains pivotal, often resulting in varied sentences for similar offenses. This inconsistency highlights the need for standardized sentencing frameworks. By examining comparative legal systems, such as those of the United States and the United Kingdom, this article draws valuable analogies to explore the benefits and challenges of structured sentencing guidelines. Furthermore, the article addresses the challenges posed by prison overcrowding and the necessity of alternative sentencing measures. Emphasizing rehabilitation, it advocates for enhanced programs aimed at offender reintegration, drawing lessons from successful models in Scandinavian countries. The establishment of a Sentencing Council in India, as recommended by the Malimath Committee, could provide a balanced approach, ensuring consistency while accommodating judicial discretion. This article underscores the importance of evolving sentencing policies to better align with contemporary societal values and legal principles.
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 2
  • PageNo: 899-903

SENTENCING IN INDIA’S CRIMINAL JUSTICE SYSTEM: JUDICIAL INTERPRETATIONS AND COMPARATIVE ANALOGIES

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