Supreme Court of India · 2004-04-26
STATE THROUGH S.P., NEW DELHI vs RATAN LAL ARORA
- Citation / case number
- SC 2003/18841
- Court
- Supreme Court of India
- Petitioner
- STATE THROUGH S.P., NEW DELHI
- Respondent
- RATAN LAL ARORA
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT. DORAISWAMY RAJU
Judgment text excerpt
The Supreme Court held that the Delhi High Court's application of Section 360 of the Code of Criminal Procedure, 1973, to grant probation to the respondent-accused convicted under the Prevention of Corruption Act, 1988, was erroneous. The Court emphasized that where a statute prescribes a minimum sentence, such as under Sections 7 and 13(2) of the Prevention of Corruption Act, the court cannot reduce the sentence further. The judgment of the High Court was set aside, reinforcing that the severity of corruption offences necessitates strict adherence to prescribed minimum sentences.