Sentencing Policy in India: A Study of Criminal Justice System
Authors/Creators
- 1. Assistant Professor, Department of Law, Fakir Mohan University, Balasore, Odisha
Description
The sentencing policy in India serves as a fundamental pillar of the criminal justice system, shaping the consequences faced by individuals convicted of crimes. This abstract provides a comprehensive overview of India's sentencing policy, encompassing its legal foundations, key principles, evolving trends, challenges, and potential reforms. The Indian sentencing policy has undergone significant changes over the years, transitioning from a retributive to a more balanced approach that considers both punitive and reformative aspects of punishment. The underlying principles of sentencing in India include deterrence, retribution, rehabilitation, and proportionality. Courts are tasked with tailoring sentences to match the gravity of the crime and the individual characteristics of the offender. Several factors influence sentencing decisions in India, including the nature of the offence, the offender's criminal history, age, mental state, and social circumstances. The Code of Criminal Procedure and various statutes provide guidelines for judges to consider these factors while determining sentences. Additionally, judicial discretion allows judges to exercise flexibility in their decisions.
Files
SENTENCING POLICY IN INDIA.pdf
Files
(331.8 kB)
| Name | Size | Download all |
|---|---|---|
|
md5:c20b16209ccb1688edb826b124dbf0ec
|
331.8 kB | Preview Download |