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Consider the following statements regarding mandatory minimum sentencing.
- Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed.
- In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act.
- When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.
Which of the above statements is/are correct?
- a)1 and 2 only
- b)1 and 3 only
- c)2 and 3 only
- d)1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements regarding mandatory minimum sentenci...
Mandatory Minimum Sentencing
• Mandatory minimum sentencing refers to a fixed quantum of punishment that cannot be reduced below the period fixed by the legislature.
• In India, mandatory minimum sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act.
• The purpose of mandatory minimum sentencing is to ensure that certain offenses are punished severely and consistently.
• However, critics argue that mandatory minimum sentencing can lead to disproportionate and unjust punishments, especially in cases where the circumstances of the offense or the offender's background may warrant a lesser sentence.
• The courts are bound to follow the mandatory minimum sentences prescribed by the legislature, and cannot reduce the same even if they deem it to be excessive or unjust.
• However, the courts may still exercise discretion in certain aspects, such as the determination of aggravating and mitigating factors, and the imposition of consecutive or concurrent sentences.
Conclusion
Mandatory minimum sentencing is a controversial topic that raises questions of fairness, proportionality, and judicial discretion. While it can help ensure that certain offenses are punished severely and consistently, it may also lead to unjust and disproportionate punishments in certain cases. Ultimately, it is up to the legislature to balance the need for strict punishments with the need for flexibility and discretion in sentencing.
• Mandatory minimum sentencing refers to a fixed quantum of punishment that cannot be reduced below the period fixed by the legislature.
• In India, mandatory minimum sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act.
• The purpose of mandatory minimum sentencing is to ensure that certain offenses are punished severely and consistently.
• However, critics argue that mandatory minimum sentencing can lead to disproportionate and unjust punishments, especially in cases where the circumstances of the offense or the offender's background may warrant a lesser sentence.
• The courts are bound to follow the mandatory minimum sentences prescribed by the legislature, and cannot reduce the same even if they deem it to be excessive or unjust.
• However, the courts may still exercise discretion in certain aspects, such as the determination of aggravating and mitigating factors, and the imposition of consecutive or concurrent sentences.
Conclusion
Mandatory minimum sentencing is a controversial topic that raises questions of fairness, proportionality, and judicial discretion. While it can help ensure that certain offenses are punished severely and consistently, it may also lead to unjust and disproportionate punishments in certain cases. Ultimately, it is up to the legislature to balance the need for strict punishments with the need for flexibility and discretion in sentencing.
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Consider the following statements regarding mandatory minimum sentenci...
- The concept of mandatory minimum sentencing refers to “a sentence which must be imposed without leaving any discretion to the court. It means a quantum of punishment which cannot be reduced below the period fixed,” the Apex court held in its 2016 ruling in ‘Mohd Hashim vs State Of UP And Others’.
- Essentially, this predetermines the minimum punishment or sentence for certain offenses which are considered to be more serious than others, with a view to ensure justice and not let the perpetrator of such an offense go unpunished.
- No matter what the unique, individual circumstances of the offender or the offense might be, the court must mandatorily award this minimum period of sentencing for the offenses which prescribe it.
- A concept that comes primarily from the Canadian and American legal systems; in India, such sentences are prescribed for all sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act except the offense of sexual harassment.
- Under Section 8 of the POCSO Act, a punishment of 3-5 years has been prescribed for offenses under Section 7 which deals with offenses of sexual assault against children. However, imposing the minimum punishment in such cases is mandatory.
- When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.
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Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?.
Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?.
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Here you can find the meaning of Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Consider the following statements regarding mandatory minimum sentencing. Mandatory minimum sentencing means a quantum of punishment which cannot be reduced below the period fixed. In India, such sentences are prescribed for sexual offenses under the Prevention of Children from Sexual Offences (POCSO) Act. When the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the courts.Which of the above statements is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice UPSC tests.
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