NDLI: State of Rajasthan and Others Vs. Mukesh Sharma

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	life convicts Remission of sentence IPC Rajasthan Prisons rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Prisons Act, 1894 (9 of 1894) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Sentence/Sentencing: Remission of sentence – Writ petition challenging constitutional validity of r. 8(2)(i) of Rajasthan Prisons (Shortening of Sentences) Rules, 2006 (framed u/s. 59(1) (2) and (5) Prisons Act, 1894) – By appellants/convicts undergoing life sentence – High Court allowed the petition holding that the Rules not having been placed before the State legislature as required by s. 59(2) of Prisons Act, did not acquire statutory force and that the Rules were contrary to s. 433A of Cr.P.C. – On appeal, held: It is not mandatory to place the Rules before the legislature prior to its promulgation – Under Penal Code imprisonment for life means convict’s natural life and under Rajasthan Prison Rules, 1951 it means imprisonment for 20 years – Section 433A Cr.P.C. fixes the minimum period i.e. 14 years of imprisonment before which remission cannot be considered – Remission is not a matter of right – As a matter of policy nothing prevents the State from imposing restrictions in the manner done by r. 8(2)(i) to consider claims of remission – Rajasthan Prisons (Shortening of Sentence) Rules, 2006 – r. 8(2)(i) and 2(e) – Prisons Act, 1894 – ss. 59(1) and (2) – Rajasthan Prison Rules, 1951 – r. 1(e) – Code of Criminal Procedure, 1973 – ss. 432, 433(b) and 433A – Penal Code, 1860.
Judge	Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2019 INSC 545
Petitioner	State Of Rajasthan And Others
Respondent	Mukesh Sharma
SCR	[2019] 6 S.C.R. 194
Judgement Date	2019-04-22
Case Number	3086

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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