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Shaping Sentencing Policy: Public Opinion And Retributive Impact Of Life Imprisonment Till Death Under Bhartiya Nyaya Sanhita




Karishma Goyal, Manav Rachna University, Faridabad


ABSTRACT


Public opinion significantly influences sentencing policies in democratic societies, especially in India, where debates around harsh punishments for heinous crimes, including life imprisonment till death, have gained prominence. The Bhartiya Nyaya Sanhita (BNS) incorporates life imprisonment till death as a crucial element of its retributive justice framework, often viewed as an alternative to the death penalty. This research paper examines how public sentiment shapes sentencing policies, focusing on implications of life imprisonment till death as one of the sentencing policies given under the BNS. It evaluates the philosophical foundations of retributive justice, its constitutionality and the ethical implications of such severe punishments. By analyzing the interplay between public opinion, judicial decisions, and legislative reforms, the paper explores whether life imprisonment till death serves as a necessary response to societal demands for justice or whether it raises concerns about proportionality and fairness. Ultimately, it aims to contribute to the broader debate on the role of public opinion in shaping legal reforms and the ethical implications of life imprisonment till death in India's criminal justice system.


Keywords: Life imprisonment, Bhartiya Nyaya Sanhita, Retributive justice, Sentencing policies.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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