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Research Paper | Law | India | Volume 11 Issue 1, January 2022
An Analysis of Sentencing under Indian Laws
Abstract: In all criminal acts sentencing, is the important element of the criminal law in achieving social defense and delinquent rehabilitation. The main purpose of the sentence broadly saying is that the accused must realize that he has committed an act which is not only harmful to the society of which he forms an integral part but is harmful to his own future both as an individual and as a member of the society. Some of the punishments were laid down by the law and once a verdict of guilty was returned, the judge merely ordered the appropriate sentence to be carried out. In all systems of modern law, wide latitude is given to the court in the matter of sentencing. The legislature defines the offence with sufficient clarity and prescribes the outer limit of punishment and a wide discretion in fixing the degree of punishment within that ceiling is allowed to the judge. This discretion, if not exercised properly in a given case is liable to be corrected by the superior courts. The process of sentencing either in person or property inflicted on the offender under the sanction of law is punishment. Prevention of crime is the principal object of punishment and the measure of punishment consequently varies from time to time according to the prevalence of a particular form of crime and other circumstances. Punishment is in itself an evil and can be justified only by its effect in deterring the offender from committing the offence in future and deterring others by his example from the commission of it. The punishment should be severe enough to deter but not too severe to be brutal. Likewise punishment should be moderate enough to be human but not too moderate to be ineffective. It has to be so designed as to reform the offender and reclaim him as a law-abiding citizen for his good and for the good of the society as a whole. It should therefore be as moderate as is consistent with the object aimed at and if it is in excess, it would defeat its own object.
Keywords: Aim and Objective of trial, Objective of Sentencing, Process of Sentencing, Impact of Sanction on accused, Provisions in Criminal Procedural Code, Criminal justice system in India
Edition: Volume 11 Issue 1, January 2022,
Pages: 631 - 636