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.

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