VIDHIGYA: The Journal of Legal Awareness
  • Year: 2024
  • Volume: 19
  • Issue: 1and2

Sentencing discrepancies: Race, class and prejudice in Indian criminal jurisprudence

1Assistant Professor, IIMT University, Meerut, Uttar Pradesh, India

Online published on 31 July, 2025.

Abstract

No one is above the law, said A.V. Dicey. It is true that the law is supreme and does not discriminate against people in terms of punishment. Still, based on socioeconomic status, race, caste, sex, and previous criminal records of people, discrimination seems to be there. It is a matter of concern among ordinary people that two people get different punishments for the same offence, but it is fair in the name of pre-sentencing; it is the job that the judicial officers do at the time of sentencing.

Keywords

Sentencing Discrepancies, Implicit Biases, Dalits and Adivasis, Caste-related Transgression, The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act -1989, Tribe Lynching, Bilkis Yakub Rasool vs Union of India