Provision of Sentencing in India

All around the world, the number of crimes is alarmingly rising, and this is also true in our country. Given this, it is clear that a just criminal justice system is necessary, and one of the most crucial aspects of criminal law is the imposition of an appropriate, just, and proportionate penalty. The Indian Evidence Act of 1872, the Indian Penal Code of 1860 (hence referred to as the "IPC"), and the Code of Criminal Procedure of 1973 (hereinafter referred to as the "CrPC") are the primary pieces of legislation in India that govern criminal law and the system of sentencing and punishment.

What is Sentence?

When a defendant accepts a guilty plea or is adjudged guilty following a trial, they are given a sentence.

• Because the judge must discover guilt before imposing a sentence, it differs from diversion and peace bonds.

• When a judge sentences an offender, lawyers and judges frequently use the terms "pass sentence" or "impose sentence."

What is Sentencing in India?

In India, punishment is imposed using the reformative theory. The punishment meted out shouldn't be so harsh or so light that it fails to deter future offenders and have an impact on the offender. The idea is that punishment should be applied in a way that influences a person's mentality and thinking.

Section 53 of the Indian Penal Code of 1860 established the definition of punishments in India.

The clause covers the numerous penalties that the courts may impose for particular offenses.

The Central and State governments have the power to enact laws controlling criminal justice, criminal procedure, and preventive detention under the fundamental law of the nation, the Indian Constitution. Any sentence, including the death penalty and life in prison, that has been imposed and upheld by a court of law may be commuted, excused, or pardoned by the government in accordance with Articles 72 and 161 of the Indian Constitution, as well as Sections 432 or 433 of the Code of Criminal Procedure, 1973. Even a life sentence might be commuted to a maximum of 14 years in jail.

Need for Sentencing in India

There is no set way to impose penalties in India. The legal system will be able to impose the proper punishment on the accused if there is a statute or set of rules that balances and specifies the attention to be given to the aggravating as well as the mitigating components involved in committing an offense. It will also be spoken in common-law nations; from whom we have derived the majority of our laws.

Historical Background

The phrase first had this meaning in Roman law, where it denoted a jurist's response to a particular issue, whether it was conveyed orally or in writing. Additionally, it might refer to the senators' consensus as expressed in the senatus consultus. Finally, it may also refer to the judgment rendered by the bench in civil and criminal cases as well as the arbitrators' ruling in an arbitration.

The sentence is primarily the last act of any procedure in modern Latin systems where a judge or panel of judges is asked to convey their judgment. Thus, it can be used in almost any area of law where a judge's opinion of anything is required.

Conclusion

Unquestionably, there is a pressing need to reduce the rising crime rate in society. Every day, members of the legal community, including lawyers, advocates, judges, and activists, strive toward the same goal. But in this procedure, whether before, during, or after the sentencing phase, we cannot disregard the accused's fundamental rights. For the creation of a unified policy, a balance between the rights of the accused and the rights of citizens to live in a safe society must be struck. Both must be considered, otherwise the ensuing discrepancy will leave the system vulnerable to irreparable flaws.

It is necessary to control the judges' discretionary authority, even though it cannot be entirely eliminated because doing so would weaken the judiciary's authority. Disparity between sentences creates an imbalance, which is very undesirable. We have heard of incidents in India where prisoners were given terms that were just short of life in jail but who had spent the majority of their lives behind bars. A stringent sentence strategy will assure fewer such situations, even though it would be incorrect to criticize the judges for the same.

Frequently Asked Questions

What are the types of sentencing in criminal law in India?

Usually, the five punishments given to criminals in India are death penalty, life imprisonment, imprisonment, forfeiture of property, and solitary confinement.

What is sentencing policy in criminal law?

The punishment meted out to the guilty parties by the courts during the legal process is referred to as sentencing. In other words, we might argue that it's a strategy for not just punishing the perpetrator but also deterring similar offenses in the future.

What is the minimum jail sentence in India?

The minimum is infinite, but the lowest term actually designated for a certain offence is twenty-four hours (Section 510, IPC, read with Section 57 of CrPC). Sections 28, 29, 30, and 31 of the CrPC also discuss the severity of the penalty and the court's authority to impose it.

What is the purpose of sentencing in India?

The main purpose of sentencing is preventive. We are sure that the sentence of imprisonment would be an eye opener to the convict and most likely, he would not venture to repeat the illegal act again. Deterrence is another object which punishment is required to achieve.