India Needs a National Sentencing Council

INDIA NEEDS A NATIONAL SENTENCING COUNCIL FOR FAIR JUSTICE

WHY IN THE NEWS ?

  • Policy Debate: The Supreme Court, in Sunita Devi v. State of Bihar (2024), highlighted concerns over inconsistent sentencing and urged the Centre to examine a comprehensive national sentencing policy.
  • Institutional Reform: The Law Commission of India is examining the issue, renewing debate over establishing a Sentencing Council to promote consistency, transparency and fairness in criminal punishment.

India Needs a National Sentencing Council

SENTENCING DISPARITIES AND JUDICIAL DISCRETION:

  • Unequal Punishment: Individuals convicted of similar offences may receive significantly different sentences because sentencing decisions largely depend on the discretion of individual judges.
  • Limited Framework: Indian laws prescribe minimum or maximum punishments for certain offences but lack a comprehensive framework for weighing aggravating and mitigating circumstances.
  • Irrelevant Factors: Research on rape sentencing has highlighted instances where courts relied on inappropriate considerations, including a victim’s supposed chastity or subsequent marriage, while overlooking psychological harm and violations of trust.
  • Appellate Burden: Higher courts frequently spend valuable judicial time correcting excessively harsh or unduly lenient sentences because there is no common sentencing benchmark.
  • Constitutional Concerns: Arbitrary differences in punishment raise questions under Articles 14 and 21, which protect equality before the law and the right to life and personal liberty through fair procedures.

SENTENCING COUNCIL: PROPOSED REFORMS AND GLOBAL LESSONS

  • Structured Guidelines: A statutory Sentencing Council could introduce offence-specific guidelines using a three-stage process: assess culpability and harm, identify an indicative sentence range, and individualise punishment with justified reasons.
  • National Database: An anonymised sentencing database, potentially built using the National Judicial Data Grid, could help identify disparities and evaluate whether sentencing guidelines are effective.
  • Accountable Discretion: Guidelines could be issued as delegated legislation, placed before Parliament for approval, and treated as strongly presumptive while allowing judges to depart with reasoned justification.
  • Existing Alternatives: Sections 401 and 402 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Sections 3, 4 and 6 of the Probation of Offenders Act, 1958, provide alternatives to imprisonment in eligible cases.
  • International Example: England and Wales established a Sentencing Council supported by a Sentencing Code, offering a model for structured, transparent and consistent sentencing while retaining judicial discretion.

KEY POINTS : SENTENCING AND CONSTITUTIONAL JUSTICE

●      Meaning: Sentencing is the judicial process of determining the appropriate punishment after conviction, including imprisonment, fines, probation or other legally permitted sanctions.

●      Article 14: Guarantees equality before the law and equal protection of the laws, discouraging arbitrary differences in punishment.

●      Article 21: Protects life and personal liberty and requires deprivation of liberty to follow fair, just and reasonable legal procedures.

●      Sentencing Principles: Punishment must balance proportionality, deterrence, rehabilitation, reformation and public protection, considering the seriousness of the offence and relevant circumstances.