vijaya (student) 31 May 2013

Life imrisonment

Hi,

Good Day!

Please can any one let me know the difference between life imrisonment and imprisonment till death...How many years does the imprisonment will be???

Thank You

Vijaya

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 31 May 2013

The actual term used is "Life imprisonment" or "Imprisonment for life". Those sentenced for life, strictly speaking, are supposed to spend their remaining years of life behind the bars. As per the Hon. Supreme Court, unless the sentence for life imprisonment is commuted or remitted by the appropriate authority under the provisions of the relevant law, a convict is bound in law to serve the entire life term in prison. Though a convict is supposed to spend his remaining life in prison, in practice, however, after incarceration for 14 years the convict become entitled to remission of the rest of the sentence as per Prison Manual provisions.

Rajendra K Goyal (Advocate) 31 May 2013

Agreed with Adv Arachana Nothing more to be added.

(Guest)

@Querist,

Life imprisonment means imprisonment for life and there should be no doubt about this.Even in practice no prisoner is entitled to be released after he has spent as above advised 14 yrs.

The remission of life imprisonment cannot be made less than 14 yrs. even after the permission of appropriate authority under section 432,433,and 433-A of CPRC 1973.Before actually exercising the power of remission under Section 432 of the Cr. P. C the appropriated Government must obtain the opinion (with reasons) of the presiding judge of the convicting or confirming Court. Remission can, therefore, be given only on a case-by-case basis and not in a wholesale manner.

I am attaching two files one of which is the decision of the supereme court in the case of Sangeet vs. State of Haryana where supereme court held " 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".

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Attached File : 996195845 sangeet vs haryana.pdf, 996195845 advisory-433a-040213.pdf downloaded: 231 times