The Law Of A Uniform Sentencing Guidelines

1126 Words Jun 8th, 2016 5 Pages
beyond reasonable doubt. This stage is extremely important as it not only determines what punishment will be imposed upon the convict but also decides the deterrent effect it will have on potential sex offenders. In India, a uniform sentencing policy does not exist, as neither the legislature nor the judiciary has supplied any formal guidelines. However, the need for the same has been repeatedly recognized by both. For instance, the Committee on Reforms of Criminal Justice System (Malimath Committee) published its report in March 2003, stating the need for uniform sentencing guidelines:
The Committee recommends that a statutory Committee be constituted to lay down sentencing guidelines to regulate the discretion of the court in imposing sentences for various offences under the IPC and Special Local Laws under the Chairmanship of a former Judge of the Supreme Court or a retired Chief Justice of a High Court who has experience in the Criminal Law, and with members representing the Police department, the legal profession, the Prosecution, women and a social activist.
Subsequently, the Committee on Draft National Policy on Criminal Justice (Madhava Menon Committee) emphasized the need for the same. Under the present criminal justice system, wide discretionary powers are awarded to the judges which sometimes results in lopsided, unfair judgments. Even though some basic principles such as proportionality, fairness and deterrence are recognized as forming the basis of the…
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