Mohd. Hashim Vs. State of U.P. & Others (2017) 2 SCC 198

  1. Home
  2. /
  3. Publications
  4. /
  5. Case Snippets
  6. /
  7. Mohd. Hashim Vs....

This case reinforces the principle that when the law prescribes a mandatory minimum sentence, courts do not have the authority to impose a lesser sentence unless explicitly provided by the statute. Interpretation of statutory provisions regarding minimum sentences and the discretion of the court in imposing such sentences. The Supreme Court clarified that a minimum sentence is a mandatory punishment prescribed by the legislature, which must be imposed without any judicial discretion. It is a fixed quantum of punishment that cannot be reduced by the court. When the legislature specifies a minimum sentence, courts are bound to impose it. This applies to both imprisonment and fines. Some statutes provide minimum sentences but also grant courts discretion to impose a lesser sentence. In such cases, the court can award a lower sentence or opt not to imprison the accused, provided reasons are recorded in writing. If the statute does not allow for the sentence to be reduced to nil, it mandates a minimum sentence. Conversely, if the court has the discretion to reduce the sentence to nil, the statute does not prescribe a minimum sentence in the strict sense. The Supreme Court emphasized the difference between statutory provisions that mandate a minimum sentence without discretion and those that allow judicial discretion in sentencing. This distinction has significant implications for interpreting and applying the law, particularly under the PO Act.

Tags:

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within one business day. Alternatively, if you're in a hurry, you can call us now

+91 9052538538
info@karavadi.in

Recent Case Snippets

Supreme Court Upholds Post-Delivery Penalty for Mis declared Goods by Railways

In Union of India v. M/s Kamakhya Transport Pvt. Ltd. (2025 INSC 805), the Supreme Court held that Indian Railways can recover penalties for misdeclared consignments even after… Read more »

Dowry Demand Not Pre-requisite To Cruelty U/S 498A IPC : Supreme Court

This Supreme Court ruling reinforces the broad scope of Section 498A, IPC, by clarifying that a dowry demand is not a prerequisite to establish "cruelty." The judgment underscores… Read more »

High Court Can’t Become Guardian of Limitation Without Pleadings : Limitation Must Be Pleaded, Not Presumed

In Jai Ram Vs. Som Prakash & Anr. etc., 2025 INSC 227, the Hon’ble Supreme Court chided the High Court for setting-aside a reasoned order of the District… Read more »

Disclaimer

The Rules and Regulations set forth by the Bar Council of India under Advocates Act, 1961 prohibit Advocates or Law Firms from advertising or soliciting work through public domain communications. This website is intended solely to provide information. Karavadi & Associates (“K&A”) does not aim to advertise or solicit clients through this platform. K & A disclaim any responsibility for decisions made by readers/visitors based solely on the content of this website.

By clicking 'AGREE,' readers/visitors agree and acknowledge that the information provided herein (a) does not constitute advertising or solicitation, and (b) is intended solely for their understanding of K & A services. By continuing to use this site, you consent to the use of cookies on your device as outlined in our Cookie Policy.