Imprisonment without Remission: A Dilemma in the New Sentencing Policy

  • Dr. Banshi Dhar Singh and Srishty Gupta
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  • Dr. Banshi Dhar Singh

    Head of Department and Dean at Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh, India

  • Srishty Gupta

    Research Scholar at Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh, India

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Abstract

Every person has a right to be respected and treated with dignity, whether they are dressed in a suit or behind bars. Typically, prisoners are stigmatised; the government attempts to limit their contact with society and restrict their mobility. The new sentencing policy of imprisonment without remission eliminates the possibility of a prisoner being reformed which is a contradiction to the reformative theory which the nation seeks to achieve. But whether the person is allowed to roam free in the society after committing an offence is also a serious question which needs to be looked into especially when a serious offence is committed. Generally, it is observed that whenever a person has committed some serious offences, the society also is not ready to accept the person after he is released. But the rights of such persons also cannot be denied and he must be released keeping in view other factors and his conduct after the commission of offence The paper seeks to examine remission in the light of the societal structure, also incorporating the minimum sentencing criterion imposed by the courts in the recent year.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 7, Issue 2, Page 21 - 30

DOI: https://doij.org/10.10000/IJLSI.112486

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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