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

Dalbir Singh Vs. state Gnct of Delhi, 2021 Scc Online Del

The Court observed that offences under the section 304-B IPC are besides being grave, heinous, offences against society driven with the demand of dowry, and needs to be prevented. It further held that, cases involving such offence cannot be quashed just because the accused and complainant have come to some sort of agreement/ settlement. Read more »

Akshay Dhingra Vs. State (Govt. of Nct of Delhi), 2022 Scc Online Del 4646

It is established that the authority granted by Section 438 of the CrPC is not to be used frequently. The authority must be used if it appears that an accusation was made with the intent to harm or humiliate the applicant by having him arrested. Consequently, bail cannot be ordered in advance of an arrest... Read more » Read more »

Police must undertake a preliminary enquiry under section 173 (3) in cases where complaint doesn’t constitute a cognizable offencepunishable with more than 3 years.

In the case of Imran Pratapgarhi v. State of Gujarat 2025 INSC 410, the Supreme Court quashed an FIR against the appellant, a Rajya Sabha MP, for reciting and posting a poem at a public event. The FIR alleged offences under Sections 196, 197(1), 299, 302, and 57 of the Bharatiya Nyaya Sanhita, 2023, claiming... 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.