Determination of Sentences in India: Policy and Practice

Abstract

AbstractJudiciary and litigation are the two most prominent types of activities within the legal profession. The judicial aspect of the profession entails the interpretation of laws and the administration of justice in a fair and impartial manner. As a concept, justice entails protecting society from offenders and evildoers who deviate from society’s norms and engage in illegal behaviour by punishing and sentencing them. Due to the predominance of the human factor in the legal profession, which has such a significant impact on the lives of all members of society, it is crucial to investigate whether there is a guiding force behind dispensing justice and, if so, how effective these guidelines or policy measures have been. As crime rates rise and societal standards fall in the contemporary era, the legal profession grapples with the complexities of modern criminal behaviour. Particularly in the realm of judicial sentencing, there is a need for guidelines that account for the diversity of crimes and their individualistic nature. In India, long pungencies in court cases and a decline in the State’s conviction rate further exacerbate these issues. This paper examines the pressing need for comprehensive, well-structured sentencing guidelines that promote transparency, fairness and efficiency in the judicial process. Through a detailed review of recent high-profile court cases and an analysis of current practices and policies, this paper highlights the urgency of reform in the sentencing process to enhance public trust in the legal system. This article provides additional information on the subject.