NCJ Number
99435
Journal
Social Defence Volume: 19 Issue: 74 Dated: (October 1983) Pages: 21-32
Date Published
1983
Length
12 pages
Annotation
A critical examination of India's sentencing system outlines reasons why it is not achieving its objectives and argues for reforms so that the rule of law is replaced by the rule of social justice.
Abstract
Excerpts from the Indian Penal Code demonstrate that the court can neither take the liberty of awarding any punishment or sentence other than the ones prescribed, nor enhance the sentence. Individuals, however, differ and thus need different treatment and different durations of custody, assuming that treatment is possible and the criminal can be treated. Jail statistics show that most offenders (85 percent) are sentenced to imprisonment for less than 3 months. Major offenses like murder, rape, and kidnapping are negligible. This results in wasted human and financial resources. Recidivism figures increase every year, and offenders are not being reeducated. Proposed changes to the present system include the establishment of a close association between the judiciary and social scientists, the adoption of a probation system, and the creation of additional courts to facilitate the speedy disposal of cases. Tables are included.