Mandatory Minimum Sentences

On 23rd January, 2023, Chief Justice of India (CJI) led bench decided to examine a petition challenging mandatory minimum sentencing in case of gangrape of a minor below the age of 12.

About Mandatory Minimum Sentencing

  • The concept of mandatory minimum sentencing refers to “a sentence which must be imposed without leaving any discretion to the court.
  • In its 2016 ruling in ‘Mohd Hashim vs State of UP and Others’, the Supreme Court held that mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed.
  • Essentially, this predetermines the minimum punishment or sentence for certain ....
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