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Mandatory Minimum Punishment And Enhancement Of Punishment: A Double-Edged Sword In Criminal Justice




Sharadha, B.A., L.L.B (Hons), Sastra Deemed To Be University, Tamil Nadu

G. Raga Harshita, B.B.A., L.L.B (Hons), Sastra Deemed To Be University, Tamil Nadu

Marthala Joshika Reddy, B.B.A., L.L.B (Hons), Sastra Deemed To Be University, Tamil Nadu


ABSTRACT


The Bharatiya Nyaya Sanhitha (BNS), has the latest reform included in the Legal framework of the Criminal Justice System in India and it replaces the earlier Indian Penal Code (IPC) providing an up-to-date resolution to today’s problems. In this article, we have worked on the significant differences that the BNS provides against the IPC, notably the harsher measures taken against extreme crimes and the establishment of mandatory minimum sentences for such crimes. The BNS, like other legal enactments all over the globe, aims to prevent crime through various means. The objective of the article is to provide a comparison of the new and the old criminal law in terms of the provisions of punishments. While equally contrasting how different schools of thought regarding punishment have been fused in the newly crafted criminal law's, framework aimed at providing punishment and its use on crime rate control in the society.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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