Kerala High Court: High Courts Cannot Reduce Sentence Below Statutory Minimum

The Kerala High Court held that High Courts cannot invoke powers similar to Article 142 of the Constitution to reduce a sentence below the statutory minimum prescribed by law.

Justice A. Badharudeen observed that doing so would amount to judicial legislation, overstepping the legislature’s domain.

While the Court acknowledged that mitigating factors can be considered, it clarified that statutory limits under the Prevention of Corruption Act cannot be overridden. In the matter before it, involving offences under the Act.

The Court confined the punishment to the minimum sentence mandated by law and refused any further reduction, reinforcing the principle of statutory compliance in sentencing.

[A.K. Rajendran v State of Kerala]