Sentencing in Rape Cases: A Critical Appraisal of Judicial Decisions in India

• In Event: International Research on Sentencing and Sentencing Disparities

Abstract

The generally low rates of conviction and sentencing in cases of rape remain areas of concern within India and in other jurisdictions. This paper seeks to examine the judicial approach to sentencing in rape cases in India. Located within a mixed-methods approach, the study aims to contribute to theoretical and empirical understandings into gender, sexual violence, patriarchy and the criminal justice system. With the continuous focus on rape laws and the legislature prescribing harsher punishments for rape and aggravated rape, all rape cases concluded in the year 2012 (n=55) were subjected to scrutiny. Survey responses from judicial officers, legal aid lawyers, public prosecutors, and police officers further contributed to the academic inquiry. Our findings document a mechanistic approach in judicial decision-making with little or no regard to aggravating circumstances, and indicate a mismatch between the legislative framework of harsh punishment and the actual reality of sentencing decision-making. Our analysis of High Court decisions provides us with a sense of trial court decision-making and the likely differentiation in approach between the two courts. Study findings point to an urgent need for training of judges in the area of sentencing, in both the trial court and the High Court in India.

Authors

• Ved Kumari, Faculty of Law

• Ravinder Barn, Royal Holloway University of London