Are Mandatory Minimum Sentences Unconstitutional ?

Asked in Constitutional

  • *****h

    Dawarka Sector 8

Expert's Answers(1)

  • Yes, such laws do exist. In India, a statute can prescribe a minimum sentence, and that by itself is not automatically unconstitutional. Courts have generally accepted that the legislature can fix minimum punishment for certain offences. However, where a law tries to make the sentence completely inflexible, or restricts remission / commutation in an absolute manner, that can raise a constitutional issue, especially in light of Articles 14, 21, 72 and 161. So, the short answer is: - Minimum sentence → generally valid - Absolute no-remission / no-commutation type condition → can be legally challenged depending on the wording and context As for pending appeals / PILs, there have been and continue to be legal challenges and constitutional arguments around such sentencing/remission issues. But to answer properly, I would need the exact Act / section you are referring to. If you send me the section / provision, I can reply more precisely here by message itself. My contact number 79 84 51 34 51

    March 26, 2026