trident2010
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Good work by India !! Carry on
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When? Recently only in a case by SC.And the same decree told it is not 14 years or 20 years but till end of life.
But there is an article where the state govt. have the power to commute the sentence by its wish, which is contradictory. There is no guidelines at all on national level. Shila Dixit once asked for a consensus in this case.
I knew cases where ppl left the jail after 8 years earlier days.
That was earlier when people automatically assumed that life meant 14 years. Now there are no chances of commutation before 14 years & even that is limited. The SC is categorical on that. If a death Sentence is commuted, it generally means (now) incarceration for the rest of the convict's life. That is because life would be a commutation of sentence (from death) and the convict cannot receive a second commutation (of sentence).
The Code of Criminal Procedure, 1973 (CrPc)
433. Power to commute sentence.
The appropriate Government may, without the consent of the person-sentenced commute-
(a) A sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);
(b) A sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
(c) A sentence of rigorous imprisonment for simple imprisonment for any term to which that person might have been sentenced, or for fine;
(d) A sentence of simple imprisonment, for fine.
Section 433 -The Code of Criminal Procedure, 1973 (CrPc)
Other reference cases...
commutation of sentences
......and the point is what exactly? This is a supreme court ruling of just a few years ago. Overrules every other interpretation.
New Recruit
Supreme court rule does not overrule the Cr.PC section at all. It merely giving the quideline and the current ruling is also inconclusive about the application of State's power to commute the sentence. It says under guidelines, under what guidelines? who will make it? Sarkar only..!!
SC orders Stay on hanging of veerappan associates.
I thought presedential plea is the last chance.
What is this again?
The supreme Court has the final say on interpretation of any rule. If Cr.Pr. section is in conflict with the SC ruling, the SC ruling stands. The Supreme Court has made it absolutely clear on life imprisonment, no commutation before 14 years and that does not apply automatically to every convict(as was the procedure followed before the SC clarification)
Life imprisonment implies a jail term for the convict’s entire life, the Supreme Court has held, clearing a misconception on this sentence.
The apex court also said that its Constitution bench’s landmark judgement of 1980 on criterion for imposing death penalty needs a “fresh look” as there has been “no uniformity” in following its principles on what constitutes “the rarest of rare” cases.
“It appears to us there is a misconception that a prisoner serving a life sentence has an indefeasible right to be released on completion of either fourteen years or twenty years imprisonment. The prisoner has no such right.
“A convict undergoing life imprisonment is expected to remain in custody till the end of his life, subject to any remission granted by the appropriate government,” a bench of Justices K.S. Radhakrishnan and Madan B. Lokur said.
The bench, however, clarified that under remission the appropriate government cannot reduce the period of sentence less than 14 years for a life convict.
“In the case of a convict undergoing life imprisonment, he will be in custody for an indeterminate period. Therefore, remissions earned by or awarded to such a life convict are only notional. In his case, to reduce the period of incarceration, a specific order under Section 432 of the CrPC will have to be passed by the appropriate government. However, the reduced period cannot be less than 14 years as per Section 433-A of the CrPC,” the apex court said.
The apex court order also seeks to put an end to the practice of en-masse release of the convicts by various governments on “festive” occasions and said each release requires a case-by-case basis scrutiny.
Even the supreme court does not saying it is 14 years in the current ruling. They says it is up to life, subject to CRPC 443 upto 14 years.