GS-II: Governance, Polity, IR
Sentencing policy and judicial discretion
Not met yet — counts as met once you answer a question on it.
Sentencing refers to fixing punishment post-conviction in Indian criminal law. There are no statutory guidelines, judges have wide discretion between the statutory min and max, and doctrines structure that discretion. Covers Bachan Singh’s (1980) ‘rarest of rare’ test and aggravating–mitigating framework; Probation of Offenders Act 1958 as custody alternative; Law Commission’s advisory role (262nd Report, death penalty); BNSS plea bargaining and undertrial-detention relief. Interplay with Articles 14 & 21 as curbs on arbitrary punishment & unfair procedure; why like offences get unlike sentences across courts; sentencing policy vs criminal code.