Sentencing Disparity in The Indian Criminal Justice System

Abstract

Sentencing disparity in the Indian criminal justice system is a pressing issue that has significant implications for the principles of fairness and equality before law. This disparity arises when similar cases receive different sentences, often due to subjective judicial discretion. In India, where the Judiciary enjoys considerable autonomy, the absence of standardized uniform sentencing guidelines exacerbates this problem of sentencing disparity. Various judicial pronouncements on similar offences with different punishments stand as irrefutable proof that the judicial autonomy and judicial discretion is the major contributing factor towards this problem. The Penal Code and various other penal laws and provisions provides for a range of punishment for a particular offence and the Judiciary is at liberty to decide the appropriate quantum of punishment allowing judges considerable discretion. This flexibility can be advantageous in considering the unique circumstances of each case. But on the other hand, it opens the door to inconsistencies and potential biases. Efforts to address sentencing disparity include the proposal of sentencing guidelines and the establishment of sentencing commissions to ensure more uniform application of the law. These efforts are still taking baby steps and addressing this particular issue in India requires a multifaceted approach.