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Supreme Court Calls for Comprehensive Sentencing Policy in India
New Delhi, India — The Supreme Court of India has directed the Union government to submit a report within six months on the feasibility of introducing a comprehensive sentencing policy to ensure uniformity and fairness in sentencing. The bench, comprising Justices MM Sundresh and SVN Bhatti, emphasized that sentencing should not be judge-centric and must avoid unwarranted disparities.
Key Highlights of the Judgment:
Necessity for Sentencing Policy:
The Court highlighted the importance of a sentencing policy as a guiding framework for judges to determine appropriate punishments. Such a policy would outline principles, guidelines, and factors that courts should consider, promoting consistency, fairness, and proportionality in the administration of justice.
Hearing on Sentence:
The Court underscored the value of hearing the accused on the sentence, noting that the real significance often lies in the sentence rather than the conviction. It lamented the absence of a clear policy or legislation on sentencing, which has led to admitted disparities and judge-centric outcomes.
Fundamental Rights:
The bench stressed that sentencing disparities violate the fundamental rights conferred under Articles 14 (equality before the law) and 21 (life and liberty) of the Constitution. The Court asserted that sentencing should not be a “lottery” or a “knee-jerk reaction” but should be based on a transparent and consistent framework.
Reformative Approach:
The Court highlighted the importance of considering Section 360 of the Criminal Procedure Code (CrPC), which advocates for the release of convicts on probation of good conduct or after admonition. Ignoring these provisions, the Court noted, renders them ineffective and undermines the reformative approach to justice.
Proposal for Sentencing Commission:
The bench proposed the formation of a “sentencing commission” comprising legal experts, psychologists, sociologists, criminologists, executives, and legislators. This commission would develop comprehensive guidelines to ensure a balanced approach that includes both retribution and reformation.
International Models:
The Court referenced sentencing policies from countries such as Canada, New Zealand, Israel, and the UK, which have structured frameworks to assist judges. These frameworks consider factors such as harm caused, culpability, offender’s antecedents, need for rehabilitation, and public protection.
Immediate Directions to the Centre:
Report Submission: The Centre is required to file an affidavit within six months addressing the feasibility of introducing a comprehensive sentencing policy. This report should take into account the need for guidelines that ensure judicial discretion is exercised uniformly and fairly.
Case Context:
The judgment arose from a case of rape of a minor in Bihar, where the trial commenced and concluded in a single day. The Court used this case to underscore that every trial is a march towards the truth and highlighted the primary duty of the court to search for the truth using procedural law.
Fair Trial as a Cornerstone:
The bench reiterated that a fair trial is the heart and soul of criminal jurisprudence, foundational to democracy, and a human right. The absence of a fair trial would seriously impair and violate the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.
Conclusion:
This directive from the Supreme Court underscores the urgent need for a structured sentencing policy in India to ensure fairness, consistency, and justice in the criminal justice system. The formation of a sentencing commission and the adoption of a comprehensive framework are expected to address the current disparities and enhance the fairness of judicial proceedings.