Disparity in Sentencing Policy in India

Damayanti Bhattacharjee
O.P. Jindal Global University, India

Volume III, Issue IV, 2020

The sentencing policy of a country reflects the morale, rationale and the judgement present in the country. It helps to establish a certain degree of punishment and hence the law of a particular society, in order to reduce the existence of a crime through reprimanding, rehabilitation or any other lawful or justified procedure. However, through centuries the idea of reprimanding and sentencing policy has been evolving and developing. This continuous development has led to a disparity in this sentencing policy. A disparity particularly exists depending upon the discretion of the judges, i.e. their decisions and judgements. This leads to an inconsistency in the system and a continuous routine of disparity in what can be considered the ideal and just ‘punishment’ for a particular offence. The aim of this research paper is to delve into the existent disparities of the Indian justice system and hence derive the possible remedies of this looming issue which has been plaguing the Indian justice system since ages.