”THE IMPACT OF MANDATORY MINIMUM SENTENCING IN CRIMINAL JUSTICE SYSTEM OF INDIA”

AUTHOR – BHAVYA DWIVEDI* & DR.PARISHKAR SHRESHTH**

* LL.M (CRIMINAL.LAW) SCHOLAT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR GRADE III, AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – BHAVYA DWIVEDI & DR.PARISHKAR SHRESHTH, ”THE IMPACT OF MANDATORY MINIMUM SENTENCING IN CRIMINAL JUSTICE SYSTEM OF INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 225-237, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Mandatory minimum sentencing refers to laws that impose fixed minimum penalties for certain criminal offences, and it has become a notable yet debated aspect of India’s criminal justice framework. Though introduced to deter criminal activity, standardize sentencing, and reflect a tough approach to grave crimes, such provisions often bring about unforeseen challenges. This study provides a critical analysis of how these sentencing requirements affect judicial independence, contribute to prison overcrowding, and disproportionately impact individuals from marginalized backgrounds. By exploring global approaches, particularly those adopted in the United States and the United Kingdom, the research emphasizes the need for proportional and case-sensitive sentencing. The analysis indicates that while mandatory minimums may serve punitive goals, they frequently undermine justice, fairness, and rehabilitation. The paper proposes reforms including the adoption of structured sentencing guidelines, safeguarding judicial discretion, and establishing regular policy reviews to promote a more equitable justice system.

Keywords:
Mandatory Minimum Sentencing, Criminal Justice System, Judicial Discretion, Prison Overcrowding, Sentencing Guidelines, Proportionality, Marginalized Communities, Punitive Measures, Sentencing Reform, International Comparison, Rehabilitation, Legal Uniformity, India, United States, United Kingdom.