Sentencing Policy Relating to Sexual Offences Under the Indian Criminal Justice System

Abstract

Since time immemorial law has been considered as one of the core instruments to ensure and establish justice in society and to avenge those who have suffered loss. It can be said that law is the means to attain justice and for it end number of punitive measures can be identified by a State. newlineThat being said, one should not lose sight of the fact that sex and sexual offences are too as old a phenomenon as mankind. The act of sex is one of the reasons for the emergence and sustenance of life on earth. However, as time travelled, the interpretation and myths around sex and consensual cohabitation started spreading its evil fangs all around and thus reduced the act to be a taboo. People started committing sexual offences in order to satisfy their lust or take revenge and there the role of law was perceived to be a propelling factor to maintain order and administration in society. With this every society asserted on the need of having a policy or guideline which can be utilized to govern citizens and their avert actions. newlineSentencing policy thus is opined to be a reflection of the measure of the judgement and the rationale, the society has for a particular crime. It is a primary justification guiding the criminal justice delivery system of any country. As Indian substantive and procedural laws have encapsulated provisions regarding punishing of sexual offences so a study is needed to examine whether those laws are sufficient or deficient to effectively counter the sexual offences occurring in almost every nine minutes in the country. newline newline