Indian criminal justice remains organised around a retributive and custodial model in which the State prosecutes, the court punishes, and the victim appears chiefly as a witness. This article examines restorative justice as an alternative or complement to that model. It sets out the theory of restorative justice, ident...
Parag Mukherjee· International Journal of Adv...· 0 citations
Indian criminal statutes prescribe punishments by offence but offer judges almost no guidance on how to select a sentence within the prescribed range. The result is a system of wide and largely unstructured judicial discretion, in which comparable offenders may receive markedly different sentences. This article examine...
Parag Mukherjee· International Journal of Adv...· 0 citations
Indian courts and policy documents have long affirmed that the purpose of punishment is not merely to inflict suffering but to reform the offender and restore him or her to society. This article evaluates how far that reformative ideal is realised in practice. It examines the theory of rehabilitation and its critics, t...
Parag Mukherjee· International Journal of Adv...· 0 citations
India is among the few major criminal justice systems that prescribe punishments in statute yet offer almost no structured guidance on how courts should choose between them. Penal provisions fix an outer limit, and sometimes a floor, but the actual determination of sentence rests largely on the unstructured discretion...
Parag Mukherjee· International Journal of Adv...· 0 citations
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