Summary
A convict sentenced by the High Court, as affirmed by the Supreme Court, to 'life imprisonment which shall be 20 years of actual imprisonment without consideration of remission' completed twenty years on 09.03.2025; the State contended that he must still apply for remission of his life sentence to the Sentence Review Board. The Court held that such a fixed-term life sentence is complete on serving the term, that the convict is entitled to release without seeking remission, that his continued incarceration thereafter was illegal under Article 21, and directed that all convicts who have completed their jail term be released forthwith if not wanted in any other case.
Issues
- Whether a convict who has completed a life sentence fixed by a constitutional court at twenty years of actual imprisonment without remission is entitled to release on completion of that term, or must apply to the competent authority for remission of his life sentence.
- The distinction between remission of a sentence and release on completion of a sentence in the case of a fixed-term life sentence.
Provisions considered
- Section 53, Indian Penal Code, 1860Imprisonment for life is one of the punishments under the Code. Per Swamy Shraddananda (2), Sriharan and Shiva Kumar, the High Court and the Supreme Court may direct that a life sentence under 'Secondly' in Section 53 be of a fixed period exceeding fourteen years, beyond remission, even where death penalty is not proposed. (¶¶ 8.1, 9.5, 10.2, 10.6, 10.7, 11)
- Section 45, Indian Penal Code, 1860'Life' denotes the life of a human being; read with Section 53, imprisonment for life ordinarily means imprisonment for the rest of the prisoner's life, subject to remission under Articles 72 and 161 and Section 432 CrPC. (¶¶ 8.2, 9, 10.2)
- Section 57, Indian Penal Code, 1860Life imprisonment is reckoned as twenty years only for calculating fractions of terms of punishment; the provision does not limit life imprisonment to twenty years. (¶¶ 8.1, 9.5)
- Section 432, Code of Criminal Procedure, 1973Empowers the appropriate Government to suspend or remit sentences. Remission is an executive act affecting only the execution of the sentence; it reduces the sentence without changing its character and does not alter the court's judgment. During the twenty-year term the appellant was denied the right to seek remission under this provision read with Section 433-A. (¶¶ 14.1.1, 14.2, 15, 15.3)
- Section 433-A, Code of Criminal Procedure, 1973A person sentenced to life for an offence punishable with death cannot be released before serving fourteen years; it prevails over State remission rules and short-sentencing schemes (Maru Ram), and a fixed-term life sentence cannot be below fourteen years (Shiva Kumar). Here the sentence went further, denying remission for the whole of the twenty years. (¶¶ 11, 14.5.1, 14.5.3, 14.5.4, 14.5.6, 15, 15.3)
- Articles 72 and 161, Constitution of IndiaClemency powers of the President and Governor to pardon, reprieve, respite, remit, suspend or commute sentences; they are absolute and cannot be fettered by Sections 432, 433 or 433-A CrPC or prison rules (Prem Raj). (¶¶ 10.2, 14.1, 14.3)
- Article 21, Constitution of IndiaDetention of a convict beyond the actual release date is imprisonment without sanction of law and violates Article 21 (Bhola Kumar); every convict who has completed his jail term is entitled to release forthwith if not wanted in any other case. (¶¶ 15.5, 15.7)
Held
- Imprisonment for life under Section 53 read with Section 45 IPC ordinarily means imprisonment for the rest of the prisoner's natural life, subject to remission under Articles 72 and 161 of the Constitution and Section 432 CrPC. Under Swamy Shraddananda (2), as affirmed by the Constitution Bench in Sriharan and clarified in Shiva Kumar, the High Court and the Supreme Court may impose a modified or fixed-term life sentence of a specified period exceeding fourteen years, beyond the application of remission, even where capital punishment is not imposed or proposed; such a fixed term cannot be less than fourteen years in view of Section 433-A CrPC. (¶¶ 8.2, 9.7, 10.2, 10.6, 10.7, 10.10, 11)
- Remission is the reduction of a sentence without changing its character; it neither affects the guilt of the offender nor the sentence of the court, except that the convict is relieved from serving part of it. It is an executive act affecting only the execution of the sentence, distinct from pardon, amnesty, reprieve, respite and commutation, and from parole and furlough. A convict has a legal right to be considered for remission under an applicable policy but no right to remission itself; in the case of a life sentence, remissions cannot reduce the term to zero and ripen into release only upon a final release order. (¶¶ 14, 14.1.1, 14.2, 14.3, 14.4, 14.5.3)
- The sentence 'life imprisonment which shall be 20 years of actual imprisonment without consideration of remission' determines the life sentence as twenty years of actual imprisonment. During those twenty years the appellant could not seek remission, even after completing fourteen years under Section 433-A CrPC; 'actual imprisonment' does not include any period on parole or furlough. Had the High Court intended imprisonment till the end of natural life it would have said so. (¶¶ 13, 15, 15.3)
- On completion of twenty years of actual imprisonment, the appellant was to be simply released from jail, provided the other sentences run concurrently; he was under no obligation to apply for remission on the premise that his sentence was imprisonment for life. The Sentence Review Board cannot sit in judgment over what was judicially determined as the sentence by the High Court and affirmed by this Court, and release does not depend on any further consideration by it. (¶¶ 15.2, 15.3, 15.4)
- The appellant completed twenty years of actual imprisonment on 09.03.2025 and ought to have been released on 10.03.2025; his continued incarceration thereafter was illegal. Being on furlough under the interim order of 25.06.2025, he need not surrender on its expiry, if not wanted in any other case. (¶¶ 15.4, 15.6)
- In all cases where an accused or convict has completed his period of jail term, he is entitled to be released forthwith and not continued in imprisonment, if not wanted in any other case, in light of Article 21 of the Constitution. (¶ 15.7)
Result
Appeal disposed of. Appellant held to have completed his sentence on 09.03.2025 and entitled to release without applying for remission; he need not surrender after the furlough if not wanted in any other case. Registry to circulate the judgment to the Home Secretaries of all States and Union Territories to ascertain whether any convict remains in jail beyond the period of sentence and to direct release of such convicts if not wanted in any other case, and to the Member Secretary, NALSA, for onward transmission to State and District Legal Services Authorities for implementation.