The Real Reasons Sentences Still Differ
1. Laws Give a Range, Not One Fixed Punishment
Most offences in the Bharatiya Nyaya Sanhita specify minimum–maximum ranges (for example, “up to 10 years”). Judges must choose a sentence within that legal band. So two people convicted under the same section can legally receive different punishments.
2. Judges Must Individualise Punishment
Indian courts, guided by rulings of the Supreme Court of India, follow the principle that punishment should fit:
the crime and the criminal.
So judges consider the person’s background, intention, and role—not just the offence label.
3. Case Facts Are Never Truly Identical
Two theft cases might look the same on paper but differ in:
- amount stolen
- planning involved
- victim vulnerability
- level of violence
These factual nuances directly affect sentencing.
4. Aggravating vs. Mitigating Factors
Courts weigh circumstances carefully:
Harsher sentence if:
- violence used
- repeat offender
- organized crime role
- serious harm caused
Lighter sentence if:
- first-time offender
- minor participation
- genuine remorse
- cooperation with investigation
5. Charges Filed Matter
Police and prosecutors decide which sections to apply. Slightly different charges under the new code can drastically change sentencing limits.
6. Evidence Strength Influences Outcome
Under the Bharatiya Sakshya Adhiniyam, courts rely strictly on admissible evidence. Weak or doubtful proof can lead to lighter punishment or even acquittal.
7. Plea Bargaining Still Exists
The procedural code allows negotiated guilty pleas in certain cases. Someone who pleads guilty early may receive a reduced sentence compared to someone convicted after trial.
8. Mandatory Minimum Sentences in Some Offences
Certain serious crimes now carry fixed minimum punishments. If one case triggers such a rule and another doesn’t, sentences will differ even if both crimes seem similar.
For more information on the topic, you may refer to this resource.
