In India, a pre-sentence hearing is a crucial stage in criminal proceedings that takes place after a conviction but before the sentence is pronounced. This hearing allows the convicted individual to present mitigating factors and arguments that may influence the court's decision on the appropriate sentence.
Historical Context
The concept of pre-sentence hearings was not initially present in the Code of Criminal Procedure (CrPC) of 1898. It was later introduced in the CrPC of 1973, based on the recommendations of the Law Commission of India. The aim was to ensure that courts consider not only the crime but also the circumstances of the criminal, aligning with the principle of rehabilitation.
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