LLM II SEM Sentences and sentencing (CRIMINAL)
QUESTION BANK
1. Why there is judicial discretion in sentencing? Do you think there is a need for sentencing guidelines?
2. Discuss the constitutional validity of hanging as a mode of execution of death sentence.
3. “There must be unquestionable preclosure of all alternative options before death sentence can be
awarded”, observed Justice K.T. Thomas in Rajiv Gandhi murder case judgment. In the light of above
judgment discuss the historical development and present position of death sentence in India.
4. Discuss the evolution of socio-economic offences in India. In view of the proliferation of many socio-
economic offences under different statues, do you think there is ͚oǀerĐriŵiŶalizatioŶ ͛ iŶ the ĐouŶtrLJ?
Elaborate.
5. Discuss in detail the subjective liability orientation of the Penal Code by referring to homicide
provisions of the Code. You are also required to discuss the felony-murder rule which was applicable in
common law. 2
6. Ashworth argues that “incapacitating sentences for dangerous offenders, mandatory minimum
sentences, and harsher sentences for persistent offenders – all sound good and play well in the media,
but the truth is that they have little effect on public protection.” In the light of this statement comment
on the structure of punishments as well as the sentencing discretion exercised by judges in India.
7. All crimes involve conduct of some sort or the other. Discuss what constitutes ‘conduct’ for the
purpose of criminal responsibility.
8. Three different approaches have been expressed for contemporaneity or the concurrence principle -
each one of them has its own advantages and limitations. While discussing in detail all the approaches,
give your preference to a particular approach and reasons for it
9. Discuss the concept, nature and development of penology with Special reference to Indian justice
system.
10. Explain the various forms of punishment. Do you agree capital punishment be retain or abolished in
present Indian legal system?
11. Discuss the Reformative theory of punishment with the help of suitable case laws and illustrations
.
12.“Criminals must be dealt with severity to control crimes.”Explain in the light of deterrent theory of
punishment
13. What do you mean by sentencing? Explain the various types of sentences given in the Indian penal
code.
.14. Write a short notes on the followings :
A Concept of pre-sentence hearing
B. Plea bargaining
15. Discuss the concept of probation and distinguish between parole and probation.
16. Describe jail reforms in India and point out the rights and duties of custodial staff in Indian Jails.
.17. Discuss the essential features of restorative justice in penal laws. Also explain with special
reference to indigenous offenders & current cases laws
18.What is sentence ?
19. What do you mean by probation ?
20. What do you understand by circle sentencing ?
21 Define home detention.
22 What is Indeterminate sentence ?
23 What is meant by protective custody ?
24 What is criminal infringement notice ?
25 What is commutation ?
26. Define deportation .
27 What is continued detention ?.
28. What are the kinds of sentences/punishments under I.P.C.,1860 ?
29 Discuss in brief the statutory guidelines of sentences.
30 Explain the role of victim in sentencing.
31. Describe the general provision regarding execution.
32 What are the factors affecting sentencing decision ?
33. Explain the various theories of punishment. Do you agree these theories is applicable in present Indian legal system? OR
34 . Criminals must be dealt with severity to control crimes.” Explain in the light of objective of the punishment
35 . Explain the kinds of punishments under the Indian penal code, 1860.Answer with the help of suitable illustration.
36 Discuss the evolution of the general provision of execution in India. In view of penal system in India? Elaborate.
37. Capital Punishment is an endless debate without producing any conclusions which can be scientifically tested.” Explain in the
light of arguments for and against Capital Punishment .
38.A critical note on various types of detention as penal provision in the Indian legal system.
39 "Discuss the law relating periodic detention under criminal justice system in India. Explain with the help of suitable case Law.
40 "Alternative methods is important part of restorative justice" Explain in the light of indigenous offenders in India.
41 Do you think there is a need for victim oriented Criminal Justice? Discuss with reference to present legislative positions for
role of victim in sentencing.
42. Parole and Furlough are essential practices for maintaining familial and social ties. Elaborate with special reference to parole
as preventative detention law.
