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Elements Of Proportionality And Aggravating And Mitigating Factors: An Analysis




Shikha Dhaliya, Galgotias University (School of Law), Gr. Noida

ABSTRACT

One of the fundamental prerequisites of fairness and justice in all situations, including the determination of punishment, is the observance of the proportionality principle. This principle's goal is to match the severity of the penalty to the perpetrator's level of culpability. This idea serves as both the justification for punishment and its logical underpinning. It should be understood, of course, that the relationship between crime and punishment is dynamic and relative, and that, in accordance with the tenets of the majority of criminal schools, this relationship depends on the ideologies and values that shape civilizations. To guarantee justice, then, there must be coordination and balance between offence and punishment. This article explores the fundamental principles of proportionality in legal contexts and the significance of aggravating and mitigating factors in shaping judgments. The understanding these key elements is crucial in comprehending how courts assess the appropriateness of punishment and weigh the circumstances of a case. This article delves into the concepts, applications, and implications of proportionality and the role played by aggravating and mitigating factors in the legal system.

Keywords: Aggravating, Proportionality, crime, Punishment, Mitigating

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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