India is set to reform its criminal sentencing guidelines to address concerns over inconsistent and arbitrary punishments, sources reveal, following public backlash over a controversial 2022 rape case in Bihar. In that case, a judge convicted a man of rape and sentenced him to death within a swift 30-minute trial, an action a higher court later criticized as excessively hasty and lacking adequate defense for the accused. The Bihar High Court subsequently overturned the conviction, ordered a retrial, and called for more training for judges in handling such cases.
In response, the Ministry of Law and Justice is reportedly developing a new, standardized sentencing framework aimed at ensuring punishments are proportionate to crimes. This initiative seeks to bring India’s judicial processes in line with global standards observed in countries like the UK, Canada, and New Zealand. According to government sources, the ministry plans to present its proposal to the Supreme Court by December, following the court’s recommendation in May for a comprehensive sentencing policy.
The reforms under consideration would include a grading system to assist judges—especially in lower courts—in delivering sentences that reflect the severity of the offense. Currently, judges under the Protection Of Children From Sexual Offences Act (POCSO) often impose the harshest punishments due to public outrage over such cases.
India’s judiciary, burdened by a backlog of over 30 million cases, faces particular pressure in handling sexual offense cases, with nearly 300,000 POCSO cases pending. The government had previously aimed to expand the number of fast-track courts to expedite sex crime trials; however, states like West Bengal have struggled to meet these targets, exacerbating delays. The reform aims to address this strain on the judiciary while enhancing the consistency and fairness of sentencing.
