Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.31 - Essential ingredients - Discussed. s.31 - Whether consecutive life sentences can be awarded to a convict on being found guilty of a series of murders for which he has been tried in a single trial - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973: s.31 - Essential ingredients - Discussed. s.31 - Whether consecutive life sentences can be awarded to a convict on being found guilty of a series of murders for which he has been tried in a single trial - Held: Sentences awarded by the Court for several offences committed by the prisoner shall run consecutively (unless the Court directs otherwise) except where such sentences include imprisonment for life which can and must run concurrently - If more than one life sentences are awarded to the prisoner the same would get superimposed over each other - This will imply that in case the prisoner is granted the benefit of any remission or commutation qua one such sentence, the benefit of such remission would not ipso facto extend to the othe1: s.31 - Applicability in case of life imprisonment - Held: s.31 would permit consecutive running of sentences only if such sentences do not happen to be life sentences since life sentence is a sentence for the remainder of the life of the offendor unless the remaining sentence is commuted or remitted by competent authority. s.31 (2) - Applicability of- Held: s.31 (2) deals with situations where the Court awarding consecutive sentences is not competent to award the aggregate of the punishment for the several offences for which the prisoner is being sentenced upon conviction - Jn cases falling under sub-section (2), the sentence shall in no case go beyond 14 years and the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to award - Sub-section (2) will, therefore, have no application to a case tried by the Sessions Court nor would Sub-section (2) step in |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2016 INSC 1118 |
Petitioner | Muthuramalingam & Ors. |
Respondent | State Rep. By Insp. Of Police |
SCR | [2016] 5 S.C.R. 30 |
Judgement Date | 2016-07-19 |
Case Number | 231-233 |
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