Two people convicted of the same crime in India can walk away with very different sentences, and the difference often has less to do with the law than with which judge or Bench heard the case.

Sentencing is the process where the State translates prescriptive ranges — for instance, ‘up to ten years’ imprisonment — into a specific prison term, fines, probation or community sanctions for the convict(s). In India, this decision is left almost entirely to an individual judge’s or Bench’s discretion.

Statutes set out the maximum, and sometimes the minimum sentences. There is no checklist of what should count as a serious aggravating factor, what counts as genuine mitigation, or how prior conduct and remorse should be weighed.

Empirical research, such as Dr.…