ABSTRACT

SENTENCING POLICIES AND GUIDELINES WITH RESPECT TO CAPITAL

PUNISHMENT: A COMPARATIVE ANALYSIS OF INDIA, USA AND UK

Sentencing is that phase of criminal justice system where the real punishment of the convict
is chosen by the judge. It takes after the stage of conviction and the proclamation of the
punishment is forced on the convict. With the expanding strength of the grave crimes
committed around the world, the presence of the Death punishment is increasing. The capital
punishment is to be sparingly applied with unique reasons in instances of merciless homicide
and gravest offenses against the state. Crime analysts and penologists are occupied with
concentrated review and exploration to know the solution to some lastingly bewildering
inquiries on Capital Punishment. Passing as a punishment has tormented the human psyche
lastingly. Capital punishment should satisfy the conditions for the assurance of common
liberties in the Criminal Justice Administration in India. Delay in execution isn't rare which is
an infringement of the blamed fundamental common liberties including the option to live
with nobility which is cherished under the Universal Declaration of Human Rights. This
research paper will start the discussion by clarifying the procedure for sentencing in India and
its application. It will be followed by a discussion on sentencing policy with respect to capital
punishment. The provisions that India is concerned will be examined in the background of

the Sentencing policies and guidelines in UK and USA interspersed with the opinion of the
author.

Keywords- Sentencing, Punishment, Crime, Homicide, Death