International Research journal of Management Sociology & Humanities
( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH
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AN ANALYSIS OF VARIATIONS IN AWARDING SENTENCE IN INDIAN CRIMINAL LEGAL SYSTEM-UNAVOIDABLE ISSUE
1 Author(s): NEHA
Vol - 10, Issue- 9 , Page(s) : 282 - 289 (2019 ) DOI : https://doi.org/10.32804/IRJMSH
In this research paper, a discussion will be on analyzing the sentencing policy in India & its implementation. When an accused is declared criminal by court, the confusion of the judge starts. The wide discretionary power is given by penal code to the judges in sentencing the offenders. The researcher will discuss on various views on sentencing policy and aim of sentencing mechanism. Here judges are reckon on that they will utilize their individual optional capacity in awarding sentence. This paper will discuss how this discretion is being ill used in unaccounted cases. In this paper, it is attempted to evolve a standard formula for use of discretion in sentencing which is very difficult task of balancing. In this paper, it is concluded that every judge when he is deciding the cases must balance those factors. There is need to arrange sentence plainly explaining the reason for the framework.