Sentencing parameters under criminal law a study with reference to socioeconomic offences in India

Abstract

Sentencing is a crucial stage in the criminal justice system, where the court determines the guilt of an accused person based on evidence and witnesses. A fair and just outcome for the accused is ensured by the social condemnation of the criminal act. An accused person should get a punishment that is reasonable, sufficient, and comparable with the seriousness of the offense they are accused of and proportionate to it. It also needs to be proportionate to the nature and manner of the offense. When deciding on a punishment considering the seriousness of the offense, societal interest and conscience should be taken into account. However, this is insufficient for determining appropriate sentences, as the ongoing individualization of sentencing has created uncertainties in the quantum of punishments awarded in similar cases. The absence of statutory sentencing guidelines has left a vacuum in the justice system in India, leaving sentencing open to the discretion of judges. The legislature often gives afairly general sentencing policy in the form of broad ranges, although in the case of socio- economic offenses, the legislative sentencing policy frequently becomes a bit more precise by requiring a mandatory minimum duration.The discretion of judges in sentencing must be kept within predefined boundaries, with ample liberty to administer justice as appropriate for the state of affairs of the specific case. Using discretion as a deliberate procedure must be done carefully, in line with a specified set of criteria, and should never result in arbitrariness. newline