ISSUES CONCERNING SENTENCING POLICY IN INDIA
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Abstract
Sovereign States do have the obligation to promote respect for observance of rule of law, maintain peace and order in a manner conducive to the enjoyment of human rights by all the people. States can discharge this obligation by adopting necessary measures, such as legislative, executive and judicial. However, such measures would be incomplete in the absence of apposite preventive and punitive steps contained in them to either forbid or rectify wrongful actions of the individuals. In addition, it is necessary to understand that wrongful actions are capable of striking other subjects of the society or the society as a whole. Thus, it becomes the duty of the State to apprehend the person guilty for such wrongful action or invasion, and then subject him/her to fair trial and if found guilty to punish him/her in accordance with the rule of law. At the same time, efforts are needed to balance the pulls and pressures between the idea of giving exemplary punishment and its proportionality. As a result, in this context, sentencing becomes an important area under criminal law that not only comes to the forefront but also undoubtedly needs attention, as there are many issues associated with it. This article attempts to expound some of the important issues concerning sentencing policy in India in the light of judicial remarks.
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