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
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There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: the twin objective of the sentencing policy is deterrence and correction.
In the recent judgment of Soman v. State of Kerala (2013), the Supreme Court observed that:
Giving punishment to the wrongdoer is at the heart of the criminal justice delivery, but in our country, it is the weakest part of the administration of criminal justice. There are no legislative or judicially laid down guidelines to assist the trial court in meting out the just punishment to the accused facing trial before it after he is held guilty of the charges.
In Gopal Singh v. State of Uttarakhand (2013) , it was held that “just punishment is the collective cry of the society. The principle of just punishment is the bedrock of sentencing in respect of a criminal offence.” Thus, the criminal justice system has its foundation in two essential objectives, providing justice and protecting citizens. In order to achieve these objectives in rape cases, a uniform sentencing policy that focuses on imposing adequate sentences of imprisonment and fine in line with the theory of deterrence, along with reducing the rates of recidivism, providing for rehabilitation of victims as well as for treatment of sex offenders in line with the restorative theory is urgently required. Moreover, it is important to analyze
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