Court cannot impose sentence less than minimum sentence prescribed in statute: Supreme Court

Meera Emmanuel February 8 2019

The Supreme Court today reiterated that a Court cannot impose a sentence less than the minimum sentence statutorily prescribed for an offence.

Taking note of several case laws on the subject, the Bench of Justices DY Chandrachud and Hemant Gupta held,

"... where minimum sentence is provided for, the Court cannot impose less than the minimum sentence. It is also held that provisions of Article 142 of the Constitution cannot be resorted to impose . . .

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