punishment
shrikant chede
(Querist) 04 January 2010
This query is : Resolved
what is the differance between simple &rigirious punishment pls explain what is life imprisonment
J.D.Sharma
(Expert) 04 January 2010
Simple Imprisonment :
Labouring is not compulsory on sentence
Rigorous Imprisonment :
Labouring is compulsory on sentence.
The distinction lies in the fact that under rigorous imprisonment, a convict has to do hard work like digging earth, ploughing or cooking food for 500 co-prisoners. Whereas, under “simple imprisonmentâ€, tasks like sewing, gardening or serving refreshments to co-prisoners are prescribed.
Life Imprisonment :
Rigorous Imprisonment to his life time
Bench of Justice K.G. Balakrishnan and Justice B.N. Srikrishna gave this ruling on Sep 17, 2005 while dismissing a writ petition filed by a life convict challenging his incarceration in prison for more than 21 years.
On the contention that if a prisoner was transported to other jails to do hard labour this period could not be treated as rigorous imprisonment. The Bench said: "There are ample materials to show that a person who was sentenced to transportation had always been subjected to hard labour. It is difficult to understand how such a punishment could be deemed to have been substituted by simple imprisonment for life."
No definite period
The judges said: "Imprisonment for life is to be treated as rigorous imprisonment for life." On the contention that life term meant only 14 or 20 years as per the jail manual, the Bench said imprisonment for life was not for a definite period and prima facie, it must be treated as imprisonment for the whole of the remaining period of the convict natural life. "We hold that life imprisonment is not equivalent to imprisonment for 14 or 20 years as contended by the petitioner," the judges said
imprisonment for life" in the
Indian Penal Code means "rigorous imprisonment for life" and it can never mean
"simple imprisonment for life", and Section 60, I. P. C. cannot be used to
specify the nature of imprisonment.
Urlikia Medina vs The State AIR 1964 Ori 149, 1964 CriLJ 685
Sukhija
(Expert) 04 January 2010
I agree with J.D.Sharma
Ajay Bansal
(Expert) 04 January 2010
As per sec.55 I.P.C and Sec.433 Cr.P.C,the minimum term of life-imprisionment is 14 years.However under Article 161 of constituion of India,The governer can reduce the imprisionment to any extent.
Raj Kumar Makkad
(Expert) 04 January 2010
Nothing to add in the well defined opinion of Sharma.
