With reference to the proposed Indian Sentencing Council, consider the following statements -
- It is proposed to be created by an Act of Parliament and would issue sentencing guidelines as delegated legislation placed before Parliament for approval.
- The guidelines, once issued, would be binding on courts, which would have no discretion to depart from them.
- It would develop offence-specific guidelines using a three-stage framework based on assessment of seriousness, setting of a starting point and range, and individualisation of the sentence.
- It would build a national sentencing database using the infrastructure of the National Judicial Data Grid.
Select the correct codes from below
Explanation - A Council created by Act of Parliament could perform three core functions — Develop offence-specific guidelines using a three-stage framework: Assess seriousness via culpability and harm (planning, violence, weapon use, victim vulnerability, demonstrable harm). Set an indicative starting point and range within the statutory envelope. Individualise and justify the sentence using recognised purposes like rehabilitation. Build a national sentencing database, using the National Judicial Data Grid’s infrastructure — anonymised data on offence type, harm/culpability factors, starting points, adjustments, and final sentences — enabling Parliament, courts, and the public to identify disparities. Issue guidelines as delegated legislation, placed before Parliament for approval — advisory but strongly presumptive. Courts must consider them in every case and give reasons when departing, preserving judicial independence while making discretion accountable.
Explanation - A Council created by Act of Parliament could perform three core functions — Develop offence-specific guidelines using a three-stage framework: Assess seriousness via culpability and harm (planning, violence, weapon use, victim vulnerability, demonstrable harm). Set an indicative starting point and range within the statutory envelope. Individualise and justify the sentence using recognised purposes like rehabilitation. Build a national sentencing database, using the National Judicial Data Grid’s infrastructure — anonymised data on offence type, harm/culpability factors, starting points, adjustments, and final sentences — enabling Parliament, courts, and the public to identify disparities. Issue guidelines as delegated legislation, placed before Parliament for approval — advisory but strongly presumptive. Courts must consider them in every case and give reasons when departing, preserving judicial independence while making discretion accountable.