Sentencing Reforms And Preventive Justice
I. SENTENCING REFORMS
1. Meaning and Purpose
Sentencing reforms refer to changes in the legal and judicial framework governing the punishment imposed upon a convicted offender. The aim is to ensure:
Proportionality between the crime and punishment.
Consistency in sentencing across similar cases.
Consideration of reformative justice rather than purely retributive measures.
Transparency, fairness, and judicial discretion guided by principles rather than arbitrary choice.
In India, sentencing is primarily governed by the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), but judges have considerable discretion — leading to calls for reform and standardization.
2. Important Case Laws on Sentencing Reforms
(a) Bachan Singh v. State of Punjab (1980) 2 SCC 684
Facts: The constitutionality of the death penalty under Section 302 IPC and Section 354(3) CrPC was challenged.
Issue: Whether the death penalty violates Article 21 (Right to Life).
Held: The Supreme Court upheld the constitutionality of the death penalty but limited its use to the “rarest of rare cases.” The Court introduced a balance test — considering aggravating and mitigating circumstances.
Significance: Established a guiding principle for capital punishment and marked a major sentencing reform, emphasizing individualized justice.
(b) Machhi Singh v. State of Punjab (1983) 3 SCC 470
Facts: Multiple murders committed in a single incident led to the death penalty.
Held: The Court elaborated the “rarest of rare” doctrine from Bachan Singh by categorizing crimes into five groups (manner of commission, motive, anti-social nature, magnitude, and victim’s personality).
Significance: Provided a structured framework for judges in death penalty cases — a major reform in sentencing uniformity.
(c) State of Punjab v. Prem Sagar (2008) 7 SCC 550
Facts: Question arose regarding inconsistency in sentencing for similar crimes.
Held: The Supreme Court expressed concern over lack of statutory guidelines and called for legislative reforms to establish a sentencing policy in India.
Significance: Highlighted judicial inconsistency and emphasized the need for a codified sentencing framework — pushing for systemic reform.
(d) Soman v. State of Kerala (2013) 11 SCC 382
Facts: The appellant challenged the severity of his sentence for a homicide.
Held: The Supreme Court reiterated that sentencing must consider age, background, motive, possibility of reformation, and proportionality.
Significance: The case reaffirmed the reformative theory of punishment, promoting rehabilitation over retribution.
(e) State of Madhya Pradesh v. Bablu Natt (2009) 2 SCC 272
Facts: The trial court imposed a lenient sentence; the State appealed for enhancement.
Held: The Court stressed that punishment should not be arbitrary — it must fit both the crime and the criminal.
Significance: Reaffirmed judicial responsibility to strike a balance between deterrence and compassion.
(f) Shankar Kisanrao Khade v. State of Maharashtra (2013) 5 SCC 546
Facts: Related to the death penalty and the standards applied.
Held: The Court undertook a detailed empirical study of death penalty sentencing patterns and found them inconsistent. It suggested establishment of a Sentencing Commission.
Significance: Strengthened the call for sentencing policy reform and judicial accountability.
II. PREVENTIVE JUSTICE
1. Meaning and Purpose
Preventive justice aims to prevent the commission of offenses rather than punishing after the act. It allows authorities to take measures against individuals likely to disturb public order or commit crimes.
Legal provisions:
CrPC Sections 107–110 (Preventive action of police/executive magistrates)
National Security Act, 1980 (Preventive detention)
Constitutional provisions: Article 22 (Clauses 3–7)
2. Important Case Laws on Preventive Justice
(a) A.K. Gopalan v. State of Madras (1950) SCR 88
Facts: The petitioner challenged his preventive detention under the Preventive Detention Act, 1950, claiming violation of Articles 19 and 21.
Held: The Supreme Court upheld the law, holding that “procedure established by law” in Article 21 meant any procedure enacted by legislature, even if not fair.
Significance: Early acceptance of preventive detention; however, it restricted liberty — later revisited in Maneka Gandhi.
(b) Maneka Gandhi v. Union of India (1978) 1 SCC 248
Facts: The government impounded the petitioner’s passport without giving reasons.
Held: The Supreme Court expanded Article 21 — “procedure established by law” must be just, fair, and reasonable.
Significance: Marked a paradigm shift in preventive justice — ensured procedural fairness even in preventive measures.
(c) A.K. Roy v. Union of India (1982) 1 SCC 271
Facts: The constitutionality of the National Security Act, 1980 was challenged.
Held: The Court upheld the Act but ensured judicial safeguards, like review by Advisory Boards, to prevent arbitrary detention.
Significance: Balanced state security and individual liberty — cornerstone of preventive justice jurisprudence.
(d) Rekha v. State of Tamil Nadu (2011) 5 SCC 244
Facts: The petitioner’s detention under the Preventive Detention Act for alleged anti-social activities was challenged.
Held: The Court quashed the detention, holding that preventive detention cannot be used arbitrarily; there must be a clear nexus between the act and threat to public order.
Significance: Reinforced strict judicial scrutiny of preventive detention orders.
(e) Ankit Ashok Jalan v. Union of India (2020) 16 SCC 127
Facts: Detention under COFEPOSA (smuggling activities).
Held: The Court held that delay in serving detention order weakens the rationale of preventive detention.
Significance: Stressed timeliness and fairness, curbing misuse of preventive detention laws.
III. CONCLUSION
Sentencing reforms seek to make punishment consistent, fair, and oriented toward rehabilitation, not just retribution.
Preventive justice ensures public order but must always respect fundamental rights and procedural safeguards.
Indian courts continue to refine both areas, balancing state security and individual liberty through evolving judicial interpretation.
Summary Table
| Concept | Key Objective | Landmark Cases | Principle Evolved |
|---|---|---|---|
| Sentencing Reforms | Fair and proportional punishment | Bachan Singh, Machhi Singh, Prem Sagar, Soman, Shankar Khade | Individualized justice, rarest of rare, reformative approach |
| Preventive Justice | Prevent potential harm to society | A.K. Gopalan, Maneka Gandhi, A.K. Roy, Rekha, Ankit Jalan | Fair procedure, judicial review, balance between liberty and security |
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