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Kailasam Iyer v. State of Kerala

  • Order

Code of Criminal Procedure, 1973 – Section 433 Power to commute sentence Where an offence for which a sentence of imprisonment below the minimum provided could be passed for special reasons, the curtailment of the power of the Government to commute sentence does not apply to such a case.

Prevention of Corruption Act, 1947 – Whether the offence under Section 5(1) of the Act was punishable with any minimum sentence ? Held, in case of an offence under Section 5(1) of the Act, the court had always the limited discretion to impose a sentence which was less than the minimum prescribed but only for special reasons to be recorded in writing.

Citations : 2021 (4) KCC 96 : 2021 (4) KHC 566 : 2021 (4) KLT 438