The Principle of Proportionality in Sentencing: A Case Study

A sentence is awarded to a convict to achieve three objectives of punishment namely, punitive, deterrent and protective. The Indian criminal justice system confers full discretion on the judges to impose the appropriate sentence. However, the courts are required to exercise this discretion with due consideration of various factors like the nature, gravity, the manner and the circumstances of the commission of the offence, the personality of the accused, character, aggravating as well as mitigating circumstances, antecedents, etc. The courts must impose a punishment that is proportional to the offence. The principle of proportionality in sentencing an offender is well entrenched in criminal jurisprudence. As a matter of law, proportion between crime and punishment bears most relevant influence in determination of sentencing the offender. The court has to take into consideration all aspects including social interest and consciousness of the society for award of appropriate sentence. This paper studies a recent judgment of the Supreme Court of India delivered which revisits the doctrine of proportionality in sentencing as adopted in India. It argues that the sentencing requires meticulous consideration of both mitigating and aggravating circumstances and also society’s cry for justice.