Know The Law | Factors To Be Considered While Sentencing A Convict? Supreme Court Explains

The Supreme Court laid down the set of principles which must necessarily guide the decision on sentencing. A bench of Justice Sanjay Karol and Justice Augustine George Masih laid down the following aspects which must be considered while deciding on sentencing: “(a) Be in accordance with the nature and gravity of the crime; (b) Adequately protect the interest of the society; (c) Take into account the deterrent purpose of punishment; (d) Consider the motive behind the crime, if any; (e) Give due weight to the conduct of the accused; (f) Examine whether the crime in question was pre-meditated or not; (g) Keep in view the age of the accused and whether he has engaged in any similar offence in past for which he has been duly convicted; (h) Account for the number of victims of the offence; (i) Not consider the religion, race, caste or creed of the offender as a factor; (j) Consider the possibility of reformation of the accused. It is the duty of the State to establish that the same does not exist; and (k) The abuse of trust or misuse of personal relationship, if any.” “The facets identified by us above are illustrative and not exhaustive. A holistic view of the entire case must be taken in the attending facts of each case. Considering all these factors among others, the foremost duty of the Court is to assess the evidence in a given case; imposing just and adequate punishment upon the accused.”, the Court clarified. The Court observed that the aforesaid aspects of sentencing need to be adhered to by the sentencing courts so that the purpose of imposition of a sentence on a convict fulfils the trifold purpose, i.e., punitive, deterrent and protective. The Court underscored that the sentencing must be proportional to the offence, neither too harsh nor overly influenced by the possibility of reformation. “When a sentence is imposed on an offender, it is done so with trifold purpose i.e. punitive, deterrent and protective. The overall objective is to rid the society of criminal proclivity. The same is done by ensuring that the sentence imposed is proportional to the offence or in other words not overly influenced by the possibility of reformation and instead, striking a judicious balance between the interest of the victim, society and the accused, after following the due process of law.”, the Court observed. Background The bench laid down the aforesaid aspects, while partly allowing the life convict's appeal, who was sentenced to suffer life imprisonment till the remainder of his natural life for committing an offence of gang rape. The Court reduced the sentence to a minimum sentence of twenty years, provided under Section 376D of IPC. While doing so, the Court used the occasion to also lay down the aforesaid aspects on sentencing, stressing the need to strike “a judicious balance between the interest of the victim, society and the accused, after following the due process of law.”Also From Judgment: 'Was Aged Only 25 Yrs, Reformation Possible' : Supreme Court Reduces Life Term Of Gang Rape Convict To 20 YrsCause Title: EHSAAN VERSUS STATE OF NATIONAL CAPITAL TERRITORY OF DELHI Citation : 2026 LiveLaw (SC) 697 Click here to download judgment

Know The Law | Factors To Be Considered While Sentencing A Convict? Supreme Court Explains

Yash Mittal

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Yash Mittal

Know The Law | Factors To Be Considered While Sentencing A Convict? Supreme Court Explains

Yash Mittal

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Yash Mittal

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