38.6c New Delhi, India, Monday, August 04, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

HC Cant Award Sentence Less Than The Minimum Sentence Contemplated By Statute: SC [Read Judgment]

By LawStreet News Network      11 February, 2019 12:00 AM      0 Comments

The Supreme Court on February 8, 2019, in the case of State of Madhya Pradesh v. Vikram Das, has held that the High Court could not award sentence less than the minimum sentence contemplated by the Statute.

A Bench comprising of Justices D.Y. Chandrachud and Hemant Gupta was hearing an appeal filed by the Madhya Pradesh government against the 2012 decision of the Madhya Pradesh High Court, which modified the six-month prison sentence awarded to the respondent to 11 days, the extent of sentence already undergone by him.

The order of the High Court was passed in appeal filed by the respondent against the 2007 order passed by the Trial Court wherein the court convicted him for the offence under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced him to undergo rigorous imprisonment for six months with fine of Rs 500. Madhya Pradesh High Court extended the fine from Rs 500 to Rs 3000.

Section 3(1) of the Act provides for a punishment for a term which shall not be less than six months but which may extend to five years and with fine. Therefore, the question before the apex court was whether the High Court could award sentence less than the minimum sentence contemplated by the Statute.

The Bench observed that The conviction has not been disputed by the respondent before the High Court as the quantum of punishment alone was disputed. Thus, the High Court could not award sentence less than the minimum sentence contemplated by the Statute.

Further, the Bench also observed that Where the minimum sentence is provided for, the court cannot impose less than the minimum sentenceand that provisions of Article 142 of the Constitution of India cannot be resorted to impose a sentence less than the minimum sentence.

Therefore, the court allowed the appeal and ordered the respondent to undergo remaining sentence imposed by the Trial Court.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-sets-aside-order-declaring-man-as-juvenile-on-basis-of-school-certificate
Trending Judiciary
SC sets aside order declaring man as juvenile on basis of school certificate [Read Judgment]

SC: School certificate from private school not valid proof of age, sets aside order declaring murder accused as juvenile.

04 August, 2025 11:24 AM
hp-may-vanish-in-thin-air-god-forbid-sc-on-ecological-imbalance-in-himachal-pradesh
Trending Judiciary
‘HP may vanish in thin air, God forbid', SC on ecological imbalance in Himachal Pradesh [Read Order]

SC warns HP may vanish due to ecological imbalance; seeks state’s action plan amid rising disasters, deforestation, and climate change threats.

04 August, 2025 11:31 AM

TOP STORIES

why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM
sc-takes-suo-motu-cognisance-of-dog-bite-incidents
Trending Judiciary
SC takes suo motu cognisance of dog bite incidents

Supreme Court takes suo motu cognisance of rising dog bite cases after 6-year-old girl dies of rabies; terms media report alarming and disturbing.

29 July, 2025 01:38 PM
sc-quashes-fir-against-ace-shuttler-lakshya-sen-others-for-forging-birth-certificate
Trending Judiciary
SC quashes FIR against ace Shuttler Lakshya Sen, others for forging birth certificate [Read Judgment]

SC quashes FIR against shuttler Lakshya Sen, says forgery case based on vendetta, lacked merit and abused criminal process.

29 July, 2025 04:20 PM
supreme-court-to-hear-presidential-reference-on-bill-clearance-timelines-from-august-19
Trending Judiciary
Supreme Court to Hear Presidential Reference on Bill Clearance Timelines from August 19

SC to hear Presidential Reference on timelines for Governors & President to clear Bills, from Aug 19 to Sept 10; Kerala & TN oppose maintainability.

29 July, 2025 04:43 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email