Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

punishment

Querist : Anonymous (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 imprisonment”, 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
Arvind Singh Chauhan (Expert) 04 January 2010
In addition to Sharma Sir's opinion I have say that Life imprisonment means throughout the life. Generally after 14 years for such prisoners, a penal is framed by concerned state govt for the commutation of sentence, and after evaluating their past conduct and good behavior in jail they are generally released.
prakash vathore (Expert) 04 January 2010
i do agree with sharma.
Raj Kumar Makkad (Expert) 04 January 2010
Repeated quarry
Querist : Anonymous (Querist) 05 January 2010
thanks friends for valuable information
Querist : Anonymous (Querist) 05 January 2010
thanks friends for valuable information
aman kumar (Expert) 07 January 2010
AGREE WITH ALL


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :






Course