NCJ Number
139661
Journal
Indian Journal of Criminology Volume: 20 Issue: 2 Dated: (July 1992) Pages: 86-92
Date Published
1992
Length
7 pages
Annotation
This comparative analysis of sentencing for similar or identical offenses under the Indian Penal Code and special penal statutes reveals an illogical variation in sentencing severity that contributes to sentencing disparity.
Abstract
The study compares and contrasts sentencing for identical offenses under various special laws that are also defined under Indian Penal Code, 1860 in broader terms. The analysis shows that offenses defined in a similar manner both in special laws and in the Indian Penal Code are assigned varying penalties. The tendency of the legislature has been to mandate more severe punishments under special laws than under the Penal Code. An offender cannot be prosecuted under both a special law and the Penal Code, but the sentence received by the offender would depend upon the law under which he/she was prosecuted. This means that two offenders who committed similar or identical offenses could be charged under different statutes and receive significantly different sentences. To eliminate such sentencing disparity, separate laws that address identical offenses should be consolidated by transferring the penalty clauses of special laws to the respective provisions of the Indian Penal Code. Penalties provided under special laws and the Penal Code should reflect a uniform philosophy of sentencing that conforms with enlightened social and legal values. 4 notes and 3 references