MOHD. HASHIM versus STATE OF UP & ORS.
Section 4 of Dowry Prohibition Act, 1961 does not prescribe a true minimum sentence as the court retains discretion to reduce or not award imprisonment; therefore, the Probation of Offenders Act applies. Courts must consider nature of offence and conditions under Section 4 before granting benefit. Matter remanded due to perfunctory exercise of jurisdiction by appellate court.
Source excerpt
- Probation of offenders act
- Minimum sentence
- Dowry prohibition
- Sentencing discretion