Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | Crl.A. No.-005587-005587 – 2025 |
| Diary Number | 43590/2024 |
| Judge Name | HON’BLE MR. JUSTICE K. VINOD CHANDRAN |
| Bench | HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH; HON’BLE MR. JUSTICE K. VINOD CHANDRAN |
| Precedent Value | Affirms existing law |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal sentencing (CrPC & IPC) |
| Questions of Law |
|
| Ratio Decidendi | The Sessions Court lacks power to impose life imprisonment without remission—a power reserved for Constitutional Courts—and cannot override the statutory right to set-off under Section 428 CrPC; life imprisonment runs for natural life, subject to remission and commutation by executive authority. |
| Judgments Relied Upon |
|
| Logic / Jurisprudence / Authorities Relied Upon by Court | Interpretation of CrPC Sections 428, 432–435; Articles 72 & 161 of the Constitution; alternative sentencing principle; statutory scheme for remission. |
| Facts as Summarised by the Court | A widow was torched by a relative for resisting sexual advances and died after ten days; conviction under Section 302 IPC upheld based on eyewitness testimony and a dying declaration. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | High Courts |
| Follows |
|
What’s New / What Lawyers Should Note
- Sessions Courts have no statutory or constitutional power to impose life imprisonment “till the end of natural life” by excluding remission under Sections 432–435 CrPC.
- Only Constitutional Courts (Supreme Court and High Courts) may award life imprisonment without remission as an alternative to death sentence, per Swamy Shraddananda (2) and Sriharan.
- “Life imprisonment” by default means imprisonment for one’s natural life, subject to executive remission/commutation under Articles 72 & 161 and Sections 432–435 CrPC.
- Denial of set-off under Section 428 CrPC is impermissible; it applies mandatorily to detention during investigation, inquiry, or trial of the same case.
Summary of Legal Reasoning
- Scope of “Life Imprisonment”
- A sentence of life imprisonment literally runs for the convict’s natural life but is modifiable only by executive remission/commutation under Articles 72 & 161 and CrPC Sections 432–435.
- Sessions Courts, being creations of the CrPC, cannot curtail statutory remission or commutation rights.
- Alternative Sentencing Jurisprudence
- Swamy Shraddananda (2) introduced “life without remission” as an alternative to death penalty for the rarest of rare cases, to be applied uniformly by Constitutional Courts.
- Union of India v. Sriharan reaffirmed that only the Supreme Court and High Courts may impose such sentences; executive clemency (Articles 72 & 161) remains unaffected.
- Application to Sessions Court
- The trial court’s direction to exclude remission and set-off under Section 428 CrPC conflicted with the statutory scheme; such power is not vested in Sessions Courts.
- Section 428 CrPC mandates set-off for pre-conviction detention in the same case.
- Conclusion and Modification
- The Supreme Court partly allowed the appeal: confirmed life sentence for murder under Section 302 IPC, but deleted the directions excluding remission and set-off; concurrent sentences upheld.
Arguments by the Parties
Petitioner (Appellant)
- Relied on Navas Alias Mulanavas v. State of Kerala applying Swamy Shraddananda (2) to uphold life imprisonment without remission.
- Argued that a Sessions Court could, in appropriate cases, order life sentence without remission.
Respondent (State / Government Advocate)
- Contended Sessions Courts cannot curtail executive remission powers or deny statutory set-off under Section 428 CrPC.
- Cited The Superintendent of Prison v. Venkatesan on set-off and Ravinder Singh v. State (NCT of Delhi) on alternative sentencing.
Factual Background
A widow caring for five children was set ablaze by a relative after resisting his sexual advances on January 1, 2014. She succumbed to 60% burns ten days later. The trial court convicted the accused under Section 302 IPC and sentenced him to life imprisonment for natural life, denying remission under Section 428 CrPC. The High Court confirmed conviction and sentence. The Supreme Court granted leave to consider only the sentencing questions.
Statutory Analysis
- Section 428 CrPC: Mandatory set-off of pre-conviction detention against the term of imprisonment in the same case; Sessions Courts cannot negate it.
- Sections 432–435 CrPC & Articles 72 & 161: Executive power to grant remission/commutation remains inviolable; sentencing courts cannot override these provisions.
- IPC Section 302: Life imprisonment punishment interpreted in light of remission jurisprudence.
Alert Indicators
- ✔️ Precedent Followed