19 May 2020

What factor's has to be considered while awarding sentence for an offense?

A proper sentence is the amalgam of many factors such as the nature of the offence, the circumstances extenuating or aggravating of the offence, the prior criminal record, if any, of the offender, the age of the offender, the record of the offender as to employment, the background of the offender with reference to education, home life, sobriety and social adjustment, the emotional and mental condition of the offender, prospect for rehabilitation of the offender, the possibility of return of the offender to normal life and the community, the possibility of treatment or training of the offender, the possibility that the sentence may serve as a deterrent to crime by the offender or by others and the current community need, if any, for such a deterrent in respect of the particular type of the offence

These factors have to be taken into account by the Court in deciding upon the appropriate sentence.

{Relied on Mohd. Giasuddin v. State of A.P.: (1977) 3 SCC 387}

Delhi High Court

State (Gnct Of Delhi)

Mukim Ali @ Jumman Ali

Decided on 18/05/2020

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