Publications

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.