Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Life imprisonment Remission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Penal Code, 1860 - s.57 - Life imprisonment - Meaning and effect of -Remission - Entitlement to - Held: Once a person is sentenced to undergo life imprisonment unless imprisonment for life is commuted by the competent authority, he has to undergo imprisonment for the whole of his life - S.57 IPC does not, in any way, limit the punishment of imprisonment for life to a term of 20 years - In absence of subsequent order of remission by the competent Government either based on s.57 IPC or any other provision of CrPC, the life convict cannot be released - Neither s.57 IPC nor Explanation to s.61 of the WB. Act lays down that a life imprisonment prisoner has to be released after completion of 20 years - 20 years mentioned in Explanation to s. 61 of the WB. Act is only for the purpose of ordering remission - On facts, if the State Government taking into consideration various aspects refused to grant remission of the whole period then the petitioner cannot take advantage of the above Explanation and even s. 57 /PC and seek for pre-mature release -Further the question of remission of the entire sentence or a part of it lies within the exclusive domain of the appropriate Government u/s.401 CrPC and neither s.57 IPC nor any rules or local Acts (in the case on hand WB. Act) can stultify the effect of the sentence of life imprisonment given by the Court under the /PC - West Bengal Correctional Services Act, 1992 - ss. 2(c) and 61, Explanation - Code of Criminal Procedure, 1973 - s.432.Contempt of Court - Life convict filed writ of Habeas A Corpus for his immediate release stating that he had already undergone full sentence of 20 years with remission - Supreme Court directed the respondents- State of West Bengal to consider the claim and proceed to conclude the sentence for the purpose of consideration of remission - Contempt petition filed by the life convict contending that inspite of the said order of the Supreme Court and the WB. Act, the respondents had not granted remission and had not released him - Held: In West Bengal, there is a duly constituted Sentence Review Board for consideration of applications for premature release made by life convicts - On facts, the State Sentence Review Board, after careful consideration of all the aspects, had declined to recommend the petitioner-life convict for his premature release - State Government accepted the recommendation of the State Sentence Review Board and communicated its decision to the petitioner - There was no violation of the order passed by the Supreme Court - No merit in the contempt petition - West Bengal Correctional Services Act, 1992 - Code of Criminal Procedure, 1973 - s.432.Contempt of Court - Life convict filed writ of Habeas Corpus for his immediate release stating that he had already undergone full sentence of 20 years with remission - Supreme Court directed the respondents- State of West Bengal to consider the claim and proceed to conclude the sentence for the purpose of consideration of remission - Contempt petition filed by the life convict contending that inspite of the said order of the Supreme Court and the WB. Act, the respondents had not granted remission and had not released him - Held: In West Bengal, there is a duly constituted Sentence Review Board for consideration of applications for premature release made by life convicts - On facts, the State Sentence Review Board, after careful consideration of all the aspects, had declined to recommend the petitioner-life convict for his premature release - State Government accepted the recommendation of the State Sentence Review Board and communicated its decision to the petitioner - There was no violation of the order passed by the Supreme Court - No merit in the contempt petition - West Bengal Correctional Services Act, 1992 - Code of Criminal Procedure, 1973 - s.432. The petitioner - a life convict was convicted under Section 302/34 IPC. He filed a writ of Habeas Corpus for his immediate release stating that he had already undergone full sentence of 20 years with remission. The Supreme Court disposed of the writ petition directing the respondents- State,of West Bengal to consider the claim of the petitioner and proceed to conclude the sentence for the purpose of consideration of remission as per the applicable Statute/Policy. The petitioner filed the instant contempt petition contending that inspite of the said order of the Supreme Court and the West Bengal Correctional Services Act, 1992, the respondents had not granted remission and had not released him. He contended that the respondents - the State of West Bengal and its officers had disobeyed and the order passed by the Supreme Court by not complying with the same. The petitioner contended that as per order of the Supreme Court, the respondents ought to have released the petitioner on completion of a period of 20 years. Per. contra, the respondents- State Government highlighted that on going into the period of custody, other particulars and the provisions of the West Bengal Act, it had rejected the prayer of the petitioner for his premature release, hence, there was no violation of the order passed by the Supreme Court. The respondents contended that it cannot be construed that the period of imprisonment for life is equivalent to imprisonment for 20 years and that in absence of remission order for the whole period by the State Government, the petitioner could not be released. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 101 |
Petitioner | Life Convict Bengal @ Khoka @ Prasanta Sen |
Respondent | B.k. Srivastava & Ors. |
SCR | [2013] 3 S.C.R. 392 |
Judgement Date | 2013-02-13 |
Case Number | 363 |
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