Mukesh Rathi 25 July 2017

Applicability of 436 a of crpc

as per 436 a of Crpc an accused is released from jail on bail once he completes 50 percent of his maximum sentence specified in Ipc.
I what to clarify like in section 467 of Ipc the punishment is L I or upto 10 years. what shall be maximum punishment treated for such situation.

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Raveena Kataria (Advocate ) 26 July 2017

Hi, to be accurate, that would be section 436A of the CrPC. It's only inapplicable in cases where one of the punishments for the crime also include 'punishment by death.'

Thus, this section would be applicable in this case i.e. upon section 467 of the IPC. Assuming the person charged with the aforesaid offence is still undergoing trial, for the purpose of determining one-half of life-imprisonment (that's, the maximum possible punishment for the offence,) as per Romesh Sharma vs CBI, 2011, (read by clicking here,) the term of life imprisonment is to be construed as long as 14 years, and so the accused may be released at the earliest on the passing of 7 years, provided the court doesn't provide reasons for his continued imprisonment beyond the period of 1 half of the prescribed sentence.

Mukesh Rathi 26 July 2017

but as per the guidelines of central government law department they have treated life imprisonment as 20 years and 10 years as 50%.

Raveena Kataria (Advocate ) 28 July 2017

Hi! As such, I couldn't find any explicit guidelines given by the Central Government on this regard. However, you may be right. As per section 57 of the Indian Penal Code, only for the purpose of calculation of fractions of punishment terms, life imprisonment is to be deemed as long as 20 years. Again, note, it shall depend upon Court's discretion whether to release the accused upon bail or not. Conclusions taken up by a court always vary as per the unique facts and circumstances of each case.