The Sentencing Process In India: A Critical Analysis Of Contemporary And Applied Approaches
Yogalakshmi G, LL.M. (Hons), School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University, Chennai
ABSTRACT
Sentencing is the judicial determination of punishment following conviction, guided by constitutional, statutory, and human rights frameworks. The process in India reflects a nuanced blend of retributive, deterrent, reformative, and restorative objectives, rooted in historical, philosophical, and international perspectives. Ancient texts like the Manusmriti and Kautilya’s Arthashastra emphasized discretionary punishment based on social status, motive, and proportionality, while the colonial codification of the Indian Penal Code (IPC 1860) introduced structured forms of punishment ranging from fines and imprisonment to the death penalty. Contemporary Indian sentencing integrates constitutional safeguards (Arts. 14, 20, 21, 72, 161), statutory provisions under the CrPC, BNSS, and BNS, and judicial precedents such as Bachan Singh v. Punjab, Santa Singh v. Punjab, and State of MP v. Mehtaab. Modern approaches emphasize proportionality, individualized sentencing, balancing aggravating and mitigating factors, victim inclusion, restorative justice, offender reform, and structured judicial reasoning. This article examines offences punishable with death, procedural safeguards, restorative justice incorporation, victim participation lacunae, and factors guiding sentencing decisions. Comparative perspectives from the United States, Canada, United Kingdom and Australia illustrate global best practices in structured sentencing. The article highlights systemic challenges such as inconsistent application of guidelines, overcrowding, lack of probation infrastructure, and underdeveloped victim-support systems, recommending reforms to achieve transparency, fairness, rehabilitation, and alignment with human rights standards. By integrating historical insights, statutory frameworks, precedents, and global practices, this article highlights that contemporary Indian sentencing is a multidimensional, victim-inclusive, offender-sensitive, and constitutionally compliant process.
Keywords: Sentencing process; judicial discretion; proportionality; individualized sentencing; aggravating factors; mitigating factors; victim impact statements; victim-centric justice; restorative justice; reformative justice; rarest of rare doctrine; capital punishment; life imprisonment; probation; parole; compensation; CrPC; IPC; BNSS; constitutional principles; structured judicial reasoning; rehabilitation; criminal justice system.
