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

Rama KT. Barman (Died) Thr. LRS Vs. MD. Mahim Ali & Ors., Civil Appeal No.3500/2024

The Hon’ble Supreme Court while testing an impugned judgment in which the Hon’ble High Court had framed four substantial questions of law which were neither raised before the trial court nor opportunity was given to the parties to lead evidence for the same, and it was held that an appellate court cannot create a new... Read more » Read more »

The Exorbitant Price of Justice: Assessing Security Deposits in Arbitration Appeals under the Arbitration and Conciliation Act, 1996

The 2015 amendments to the Arbitration and Conciliation Act aimed to revolutionize the arbitration process in India, focusing on enhancing time and cost efficiency, and ensuring flexibility of procedures with minimal judicial intervention. Despite these progressive intentions, the imposition of 100% security deposits for the... Read more »

Somprabha Rana Vs. The State of Madhya Pradesh, Crl.A. No. 3821/2023 (2024 INSC 664)

The Hon’ble Supreme Court while dealing with an SLP arising out of disposal of Writ of Habeas Corpus has categorically held that the father of a child cannot be granted custody merely because he is a natural guardian but the child’s welfare is the paramount consideration and that its judicial conscience is shocked by the... 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.