Sentencing Justice: A Comparative Jurisprudential Study
- IJLLR Journal
- Oct 27
- 1 min read
Ritesh Raj V K, The Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
In India's criminal justice system, sentencing is a complex and changing part of the law that tries to find a balance between punishment, deterrent, and rehabilitation. This article talks about how the courts in India have interpreted the law to make decisions about punishment. It focuses on important Supreme Court cases that stress the ideas of proportionality and individualization.
The "rarest of rare" doctrine, which controls the use of the death penalty, and the judicial clarifications on life imprisonment are the most important parts of this examination. Even though there are not any official sentencing guidelines, judges still have a lot of power, which often leads to different penalties for the same crime. This mismatch underscores the necessity for uniform sentencing regimes. This essay analyzes the comparative legal systems of the United States and the United Kingdom to elucidate the advantages and challenges of structured sentencing standards. The essay also talks about the problems that come with overcrowded prisons and the need for other ways to punish people. It stresses rehabilitation and calls for better programs to help offenders reintegrate, using successful examples from Scandinavian countries. The Malimath Committee suggested that India set up a Sentencing Council. This could be a fair way to make sure that sentences are consistent while yet allowing judges to use their own judgment. This essay emphasizes the necessity of adapting sentencing regulations to more closely reflect modern cultural norms and legal standards.
Keywords: Sentencing Policy, Judicial Interpretation, Criminal Justice System, Comparative Legal Systems, Rehabilitation etc.
