Karan Singh Vs. State of M.P.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 262 of 2002, Judgment Date: Jun 30, 2021

Law laid down -

1 (i) Whether the sentence of life imprisonment awarded to the appellant means actual sentence of 14 years or 20 years ?

Ans: Section 53 of the IPC provides for sentence of imprisonment of life and the definition of life as contained in Section 45 makes it clear that life means the life of human being till he breath his last. A sentence for imprisonment of life will run for the entire life of the convict unless the remission is granted in accordance with law.

(ii) Whether this Court can commute or reduce the sentence giving the benefit of remission ?

Ans: Section 432 of the Cr.P.C. gives power to the appropriate governemnt to suspend or remit sentence and Section 433 of the Cr.P.C. empower the appropriate government to commute the sentence. The restrictions imposed upon the power of remission or commutation of sentence is contained in Section 433A of the Cr.P.C.

2. In terms of Section 433 Cr.P.C., the appropriate government is empowered to commute the sentence of a convict for imprisonment for life for a term not exceeding 14 years and in terms of Section 433A Cr.P.C., the power of remission or commutation is restricted and a convict with sentence of imprisonment of life for an offence for which death is one of the punishment, cannot be released before completion of atleast 14 years of imprisonment. Section 432 and 433 of the Cr.P.C. also reveal that the remission can be granted only by the appropriate government. Such an exercise of power is an executive discretion and the same is not available to the High Court in exercise of review jurisdiction.

Karan Singh Vs. State of M.P.