Life Imprisionment
Pramod
(Querist) 13 July 2012
This query is : Resolved
Dear All
What is tearm Life imprisonment in India. And what is minimum and maximum imprisonment awarded by Hon.Courts in murder case. Any case citations available
R.K Nanda
(Expert) 13 July 2012
Read IPC. for it.
ashutosh mishra
(Expert) 14 July 2012
Life sentence in India has a duration of minimum 25 years or till death whichever is earlier.
J K Agrawal
(Expert) 14 July 2012
Life imprisonment is 'imprisonment up to death' only.
Gopal Vinayak Godse v. State of Maharashtra, AIR 1961 SC 600 : (1961 (1) Cri LJ 736).
In Naib Singh v. State of Punjab, 1983 SCC (Cri) 536 : (1983 Cri LJ 1345), it has been clarified that imprisonment for life means rigorous imprisonment for life.
In State of Madhya Pradesh v. Ratan Singh (1976) SCC (Crl) 428 : (1976 Cri LJ 1192), the matter was again clarified and it has been held that as laid down in Godse's case imprisonment for life means sentence for entire life, which does not expire automatically at the end of twenty years including remission, because the rules framed under the various Jail Manuals under the Prisons Act cannot supersede the statutory provisions of the Indian Penal Code.
Dr V. Nageswara Rao
(Expert) 14 July 2012
1. In Godse's case the Supreme Court has held that life imprisonment means imprisonment for the remainder of the natural life of a person.
2. S. 45 of IPC defines 'life' as life of a human being.
3.S. 57 provides that for the purpose of computation of fractions of punidhment (as under S. 511), life imprisonment means 20 yeras.
4.Under S. 433A of CrPC, a convict's life imprisonment cannot be commuted unless he has undegone at least 14 years of imprisonment.
5. There is nothing like minimum or maximum for life sentence. The figure of 25 years is no where mentioned.
6. Under S. 302 IPC, the Court cannot impose a sentence less than life even if there are mitigating circumstances.
7. It is only the Governments under CrPC and Governor and President under the Constitution who can commute the life sentence.
M V Gupta
(Expert) 14 July 2012
Mr, Rao may pl clarify. You have stated that Sec 57 provides that Life imprisonment means 20 years. If this is so, your other statement that there is no minimum or maximum for life sentence needs to be clarified. Even the SC judgment in Godse's case may have to be interpreted differently to mean that LI means for the remainder of the life of a person subject to the maximum of 20 years or the death of the prisoner whichever is earlier.
Dr V. Nageswara Rao
(Expert) 15 July 2012
1. Life imprisonment has no minimum and maximum.It is the entire life of a person.
2. Under S. 511, where the punishment for the commission of an offence is life imprisonemnt, for the attempt to commit that offence the punishment is half of life imprisonment.
3. What is half of life imprisonment? Till he dies we do not know when he will die. So S. 57 gives a thumb rule that for the purpose of calculating the fractions, life imprisonment shall be taken as 20 years. So 20 years rule under S. 57 is only for the purpose of calculation of fractions and not otherwise.
4. Please read any good commentary on IPC.
ashutosh mishra
(Expert) 15 July 2012
I am so greatly obliged and heavily indebted
to Dr V. Nageswara Rao Sir as well as Jk Agrwal Sir and also Sir Mv gupta to update me on this side of my knowledge.
M V Gupta
(Expert) 15 July 2012
Thank u Mr. Rao for the clarification. and thanks Mr. Ashutosh.
J K Agrawal
(Expert) 15 July 2012
Rao Sahib
I have no words to thank you.
