SENTENCING LIMITATIONS OF THE JUDICIARY

The Author wants to shed some light on the limitations the judiciary has to keep in mind while sentencing a convict in the court of law. The author figures out that there is a lack of sentencing guidelines to the judges that leads to varied award of punishments for the same crimes by different convicts. The judges were given this power to take into consideration of the nature of the crime, the circumstances and the mental and physical element of the accused. Comparing empirical data with international laws of the US and UK to India, the authors show the need of bringing the same as pointed out by many law commissions. The author also found out that death penalty only diminishes reformation and creates a contrast with what other countries are doing. The author also points out other limitations such as lack of awarding adequate fines, applying probation act, filing under children courts and legal aids amongst other and provides suggested changes.