The purpose underlying the sentence in criminal law is to punish the
offender. A savage sentence is anathema to the civilized jurisprudence of
Article 21. The correlation between crime and punishment has always been a
subject of perennial concern. Soft sentencing can result in gross injustice,
where many innocents are potential victims. One of the constitutional criteria
for cruel and unusual treatment or punishment is provided under the Canadian
Bill of Rights.
The impossibility of laying down standards is at the very core of criminal law
as administered in India, which invests judges with wide discretion in
determining the degree of punishment. This discretion regarding sentencing is
subject to correction by superior courts. What is punitively outrageous,
scandalizing, unusual, or cruel, and rehabilitatively counterproductive is
undeniably unreasonable and arbitrary, thus contravening Articles 14 and 19, and
any infliction with procedural unfairness falls foul of Article 21.
Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073
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