The criminal process is in two parts:
1) A process to decide whether a person is guilty of crime or not...
2) If he/she is guilty, then for what offences he/she is guilty...
After deciding these two issues, one part of process is over.
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Then second part of sentencing starts.
The law may prescribe that he/she may be sent to jail up to 10 Years for this crime.
Then how much years of jail should be given... ? Judge can say anything between 1 Day to 10 years...
In some cases, minimum punishment is also prescribed.. For example 3 months. Then, the judge cannot go below this limit except for special reasons to be recorded.
In some crimes, minimum punishment may be 5 years.
Then the judge cannot give punishment for less than 5 years unless there are special reasons to be recorded.
Therefore, after convicting a person, judge adjourns case for minimum 24 hours before giving exact number of years of jail
After one day or on such other date, judge hears arguments of public prosecutor as well as defence lawyer about how much jail should be given..
What are the circumstances for giving less punishment..
What are the circumstances to give highest permissible jail etc.. etc..
After hearing both sides, judge gives order about how many years in jail...
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Thus, the criminal law process is in two parts.
Haresh Raichura
07/07/2014
