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Supreme Court of India 2021-01-19 allowed

LAKHVIR SINGH ETC vs THE STATE OF PUNJAB & ANR

Bench: 2 — Sanjay Kishan Kaul, Hrishikesh Roy

In Brief

Two young men aged 19 and 20 committed robbery and attempted murder with weapons on a taxi driver in 2003. They were convicted and sentenced to seven years' imprisonment each. After serving about 50% of their sentence, they sought early release on probation. The State argued that the mandatory minimum sentence of seven years under Section 397 IPC could not be reduced. The Supreme Court held that the Probation of Offenders Act, 1958 applies notwithstanding any statutory minimum sentence, and granted release on probation, emphasizing the Act's reformative purpose and noting the victim's forgiveness and the offenders' youth.

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Criminal Law Probation and Release Sentencing Rehabilitation Young Offenders Mandatory Minimum Sentence

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