Critical Analysis of Gender Consideration in Judicial Sentencing

Abstract

Indian penal Acts have given wide discretion to the judiciary to render appropriate sentence for an offender. This judicial sentencing discretion is vital for maintaining the balance between the punishing the offenders and controlling prison overcrowding. Judiciary also must consider the societal impact and sufferings of the victim while imposing sentence to an offender. At the time of rendering punishment under Indian penal code or any other criminal Acts, the court must consider the aggravating and mitigating circumstances of a case. Aggravating factors relating to the crime whereas, mitigating factors relating to the offender's background*. Indian legislation as well as Indian judiciary has shown leniency towards women offenders while rendering punishment. This trend is prevailing in other developed nations. However, Indian judiciary has avoided leniency towards the offenders who had committed offences against women. in this paper the author is going to analyse whether gender is a mitigating factor or not for rendering lesser punishment in a crime and how the Indian judiciary and other countries dealing with “gender issues” while punishing offenders. The author is furthermore going to analyse causes and consequences of the enactment of gender biased penal provisions in India.