SENTENCING POLICY IN INDIA

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Published: Apr 7, 2023
DOI: https://doi.org/10.52783/rlj.v11i5s.896
Keywords:
rarest of rare death penalty hurriedness forefront punishment crime Modern India

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ANKITA JAKHMOLA, DEEPSHIKHA MEHRA, SARIKA KESWANI, KANCHAN YADAV, NIL SHIRGIRE

Abstract

When making these "rarest of rare" decisions, judges often substitute their own personal preferences for established legal standards. That's why it's important to establish uniform rules for determining whether a situation qualifies as very unusual. The decision to carry out the death punishment must be made with all necessary diligence and sober reflection; it should not be made hastily. Therefore, the accused has no chance to redeem himself by changing his ways if he is sentenced to death. The death penalty debate highlights a plethora of interconnected problems and the muddled understanding of its penological functions. It also raises the question of whether the crime control model or the due process model of punishment is more appropriate for contemporary India.

Article Details

Issue
Vol. 11 No. 5s (2023)
Section
Public Law
Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Author Biography

ANKITA JAKHMOLA, DEEPSHIKHA MEHRA, SARIKA KESWANI, KANCHAN YADAV, NIL SHIRGIRE

  1. ANKITA JAKHMOLA,

Assistant Professor, School of Law, Graphic Era Hill University, Dehrudun, 248002,

  1. DEEPSHIKHA MEHRA,

Assistant Professor and Head of the Dept., Shri Ramdeobaba College of Engineering and Management, Nagpur, India,

  1. SARIKA KESWANI,

Assistant Professor Symbiosis Centre for Management Studies Nagpur (SCMS Nagpur), Symbiosis International (Deemed University) Pune

  1. KANCHAN YADAV,

Department of Humanities and Social Sciences, Graphic Era Deemed To Be University, Dehradun, 248002,

  1. ANIL SHIRGIRE,

Designation- Associate Professor, Department- Civil EngineeringCollege Name- Dr D Y Patil Institute of Technology Pimpri Pune.

 

References

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