Crime, Punishment and Sentencing in India

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Description
Sentencing is a system of law through which offenders are punished. The sanc- tions available against criminal offenders target the most cherished and coveted individual interests, such as the right to liberty. Sentencing is the area of law where the State acts in its most coercive and intrusive manner. Not surprisingly it is also the most controversial, politically sensitive and the least principled and coherent body of law. The present book owes its origin to the simple observation that the use of custodial sentences by different criminal courts shows considerable variations. In accordance with the multiplicity of objects of sentencing, there are various ways of carrying out a study on this subject, ranging from the detailed evaluation of judgments in individual cases to assessment of general trends of that aspect. Those who expect the sentence to be retributive may be more interested in studying its relation to the offence committed, while those who wish the sentence be reformative will be more concerned with the impact of the offender. Most of the study so far carried out by the author has been with regard to either observing changes in sentencing policy over a period of time or comparing the policies of courts in different countries or regions or may be even cities. The analysis of the concept has followed both the ways of comparing work of the courts as a collective body and has also looked into the patterns of individual judge's sentencing. Philosophical discussion in the area of punishment has been largely confined to the justification of punishment. On the other hand, legal analysis has primarily focused on sentencing issues. Despite, the logical dependence of sentencing on punishment, they have rarely merged and have generally evolved with only a cursory consideration of each other.
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Contents
Chapter 1 : Introduction
Chapter 2 : Punishment and Sentencing Policy Historical Perspective
Chapter 3 : Punishment and Sentencing Policy Under the Penal Code Laws in India
Chapter 4 : Punishment and Sentencing Policy Under Special Laws
Chapter 5 : Determination of Sentences : Principles, Policy and Practice
Chapter 6 : Sentencing Alternatives
Chapter 7 : Conclusion and Suggestion
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Author Details
Dr. Ivneet Walia, BA LLB, LLM (Gold Medallist), PhD, PGDIPR, PGDCJ, is Assistant Professor of Law at the Rajiv Gandhi National University of Law, Punjab, as also coordinator of its Centre for Advanced Studies in Criminal Law. A recipient of the Henry Dunant Fellowship, awarded by the International Committee of the Red Cross, Regional Delegation, New Delhi, she has writ-
ten and edited books on diverse topics related to criminal law, Dr. Walia has presented papers in and chaired sessions at various national and international conferences. She has also judged moot court competitions of national and international stature.