What Are The Requirements Of Notice For 'Suo Motu' Enhancement Of Sentence? SC Explains [Read Order]

Ashok Kini

14 July 2019 5:20 PM IST

  • What Are The Requirements Of Notice For Suo Motu Enhancement Of Sentence? SC Explains [Read Order]

    "Any notice for enhancement must indicate why the Court wants to enhance the sentence and it must give reasonable time to the accused to answer the notice."

    The Supreme Court has observed that, though the High Court has power to 'suo motu' enhance the sentence while considering an appeal/revision filed by the convict, it should be exercised sparingly and in exceptional circumstances.Such power should not be exercised without issuing notice to the accused, said the bench comprising of the Chief Justice of India Ranjan Gogoi, Justice Deepak Gupta...

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