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

National Commission for Protection of Child Rights (NCPCR) Vs. State of Jharkhand & Ors.

In the case of National Commission for Protection of Child Rights (NCPCR) vs. State of Jharkhand & Ors., the Supreme Court dismissed a writ petition filed by the NCPCR under Article 32, emphasizing that statutory bodies created to protect fundamental rights cannot invoke Article 32 to enforce their mandates against state authorities or private entities.... Read more » Read more »

SC Clarifies the limitation period under 468 of CR.P.C

In Ghanshyam Soni v. State (NCT of Delhi) (2025 INSC 803), the Supreme Court held that for Section 468 CrPC, the limitation period runs from the date a complaint is filed, not when the Magistrate takes cognizance. A timely 498A IPC complaint cannot be dismissed as time-barred due to court delays. Relying on Bharat Damodar... Read more » Read more »

State Project Director, Up Education for All Project Board & Ors. Vs. Saroj Maurya & Ors., Civil Appeal No. 3465 OF 2023

The Hon’ble Supreme Court while dealing with an SLP set aside the judgment and remanded a matter back to the Division Bench of Hon’ble Allahabad High Court for parties to appear and argue afresh as the impugned judgment did not contain any reasoning and merely agreed with the judgment of the single judge which was... Read more » 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.