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VOL. 6, ISSUE 4 (2024)
Punishment and sentencing: The good, the bad, and the ugly
Authors
Renjith Thomas
Abstract
This article aims to explore in detail the flagrant inconsistencies and
lack of structure that plague the sentencing process followed by the Indian
judiciary, with a focus on the sentencing practices under Section 105 of the
Bharatiya Nyaya Sanhita, 2023, i.e., Sections 304(1) and 304(2) of the
erstwhile Indian Penal Code by various High Courts. By way of a detailed
analysis of cases from the High Courts of Madras, Madhya Pradesh, Bombay and
Punjab & Haryana within the span of 10 years (2010-2020), the author seeks
to establish the lack of coherence and predictability in the Indian sentencing
framework. This lacuna establishes glaring disparities in the treatment and
consequences faced by similarly placed offenders. Further, it negatively
impacts the credibility in the exercise of judicial discretion while
determining the punishment to be meted out to an offender. The study
undertaken by the author on the aforementioned case law unveils the fact that
while a marginal number of cases involve the furnishing of reasoning behind
sentencing decisions by the courts, a majority of the cases is marred by
arbitrary and unstructured decision making. Courts often ignore the aggravating
and mitigating factors that govern the offending conduct and the offender while
deciding on a sentence. The author aims to highlight that these inadequacies
imbibe the development of jurisprudence which is rooted in randomness, instead
of establishing a methodical and principled approach towards
sentencing. The article aims to furnish the urgent need for the Indian
judiciary to adopt a uniform sentencing policy that creates a much-needed
balance between the punishment imposed and the nature of the offence committed,
while mandating the provision of clear reasoning for every act of exercise of
judicial discretion regarding sentencing matters.
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Pages:54-61
How to cite this article:
Renjith Thomas "Punishment and sentencing: The good, the bad, and the ugly". International Journal of Law, Policy and Social Review, Vol 6, Issue 4, 2024, Pages 54-61
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