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Research Paper Volume 5 Issue 2 1236 - 1245 April 16, 2022

Sentencing Issues and Trends in the Indian Judicial System

Lead author · Corresponding
Dr. Divya Maheshwari
LLB (Hons) Student at School of Law Sandip University, Nashik, India
Abstract

The spirit, rationale, and judgment of a country's sentencing policy are depicted in response to convicting the criminal. It aids in the reduction of crime rates through reprimanding, deterrent, incapacitating, restoring, or any other lawful method, and therefore establishes law and order in the society in question. For this reason, an accused is sentenced in a court of law. However, in India, the sentencing policy is based on the discretion of the judges, i.e., their decisions and judgments’. As a result, the system is inconsistent, and there is a constant variance in deciding the ideal and just 'penalty' for a certain offense. The Indian judicial trend of sentencing reflects a variety of factors associated with it. This article aims to examine major issues in Indian sentencing policy in light of judicial remarks and derive possible solutions to this looming problem that has plagued the Indian justice system for decades.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 1236 - 1245
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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