Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentencing prerogative of Competent Autho Remission of sentence IPC Arms act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) 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 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Sentence/Sentencing: Remission of sentence – Petitioner was sentenced to 7 years RI for offence punishable u/s. 395 IPC and for 5 years imprisonment for offences punishable u/s. 3/25(1A) of Arms Act – Further he was sentenced to life sentence for the offences punishable u/ss. 307 IPC (4 counts) and 302 IPC (3 counts) and u/s. 27(3) of Arms Act – Petitioner’s representation for premature release moved in the year 2010 was rejected – Thereafter another representation was moved in the year 2018 for premature release – Getting no response to the representation, he filed present writ petition – Held: Section 27(3) of Arms Act, having been declared ultra vires and unconstitutional, conviction and sentence thereunder cannot be reckoned in law for considering the representation – Representation for remission of sentences awarded for the offences punishable u/s.395 IPC and u/ ss. 3/25 (1A) also cannot be considered as the petitioner has already undergone the sentence period – Representation has to be considered only in respect of sentence of life imprisonment concerning offences punishable u/ss. 302 and 307 IPC – The Competent Authority is directed to process the representation of the petitioner – Code of Criminal Procedure, 1973 – s. 432 and 433.Remission of sentence – Held: Grant or non-grant of remission is prerogative to be exercised by the Competent Authority in exercise of powers conferred u/ss. 432 and 433 of Cr.P.C. – It is not for the Court to supplant that procedure – Code of Criminal Procedure, 1973 – ss. 432 and 433. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2019 INSC 574 |
Petitioner | Rajan |
Respondent | The Home Secretary, Home Department Of Tamil Nadu And Ors. |
SCR | [2019] 6 S.C.R. 1035 |
Judgement Date | 2019-04-25 |
Case Number | 321 |
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