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Supreme Court of India 2019-02-08 allowed

STATE OF MADHYA PRADESH vs VIKRAM DAS

Bench: 2 — Dhananjaya Y. Chandrachud, Hemant Gupta

In Brief

The Supreme Court set aside a High Court order that had reduced a defendant's imprisonment sentence to time already served for an offense under the SC/ST (Prevention of Atrocities) Act, 1989. The Act prescribes a mandatory minimum sentence of six months. The Court held that where a statute prescribes a minimum sentence without discretion, courts cannot award less than that minimum, even under Article 142 of the Constitution. The conviction was not challenged; only the sentence was disputed. The Court allowed the State's appeal and directed the respondent to undergo the remaining sentence within four weeks."

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Criminal Law Sentencing Scheduled Castes and Scheduled Tribes Protection Minimum Sentence Constitutional Law

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