Sentencing Discretion And Pre-Sentence Hearing Under Indian Criminal Justice System
- IJLLR Journal
- 3 minutes ago
- 2 min read
Nikita Patel, Assistant Professor, Bhavesh Charyani, Assistant Professor (Guest)
ABSTRACT
Sentencing is probably the most crucial stage of the criminal justice system, yet it is rarely theorized in-depth. To a great extent, criminal trials are about showing whether the defendant is guilty or not, but in many cases, the question of what kind of punishment is appropriate is largely left up to the judge's discretion, especially in the Indian legal system where the substantive criminal law normally only indicates maximum limits of punishment. Hence, the role of a pre-sentence hearing gains so much significance. Even though the term "pre-sentence hearing" is not explicitly referred to in the Indian criminal procedural law, the practice is very much part of the trial process and it is considered as a separate stage that comes after the conviction and before the sentence.
This article is a comprehensive study of the concept and importance of a pre- sentence hearing in India. It gives an account of reasons for the pre-sentence hearing, pinpointing its function in reformative justice, keeping punishment proportional, and observing the principles of natural justice.
Moreover, the article deals with the contentious problem of whether consent to a pre-sentence hearing is required or a judge may use his discretion if a hearing is not requested by the accused, pointing out the divergence of judicial opinions on that issue and the Supreme Court's larger bench that awaits this matter for a decision. In addition, it discusses the impact of the judge's personality on the verdict. To better explain the Indian position, a small comparative analysis is done of the different countries' sentencing, e.g., Canada, New Zealand and the United Kingdom.
Finally, the paper advocates the very pressing necessity of clear legislative sentencing guidelines to be drawn up that would ensure consistent, fair and transparent sentencing, at the same time, keeping the individualized justice that the pre-sentence hearing is aimed at intact.
Keywords: Pre-Sentence Hearing, Sentencing Discretion, Mitigating Circumstances, Reformative Justice, Indian Criminal Justice System
