LIFE IMPRISONMENT

Yash Singh

Introduction:-

Unlike the death penalty, which is always hugely controversial, life imprisonment only occasionally surfaces as a headline-making issue of criminal policy. Life imprisonment is any sentence of imprisonment for a crime under which convicted persons are to remain in prison either for the rest of their natural life or until paroled or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, attempt to  murder, conspiracy to commit murder, blasphemy, apostasy, terrorism, severe child abuse, rape, child rape, espionage, treason, high treason, drug dealing, drug trafficking, etc.

Life imprisonment means the whole life in prison. prisoners have to end up their life in prison. They have no option of release. According to supreme court life imprisonment means jail term for the prisoner for entire life.

• There will be no release before the time period of fourteen years.
• No option of release.
• Period of life imprisonment can not be reduced. It can not be less than 14 years.

Life imprisonment in India:-

Various statutes in India dealing with criminal law have laid down provisions relating to life imprisonment. Some of the important provisions are as follows:

 

Indian Penal Code,1860 :

 

1.      Section 55: Commutation of sentence of imprisonment for life

Section 55, I.P.C. provides that when sentence of imprisonment for life has been passed, the appropriate Government may without the consent of the prisoner commute the punishment for imprisonment of either description for a term not exceeding fourteen years. This section empowers the appropriate Government to commute the sentence of imprisonment of life.

 

2.      Section 57 – Fractions of terms of punishment

Section 57 of I.P.C. provides that in calculating fractions of terms of imprisonment, imprisonment for life shall be reckoned as equivalent to imprisonment for 20 years

Code of Criminal Procedure :-

1.      Section 432 – Power to suspend or remit sentences.

When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions that the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

2.      Section 433 – Power to commute sentence.

 Under Section 433 of the Code, the appropriate Government has the power to commute the sentence of imprisonment for life to imprisonment for a term not exceeding fourteen year or to a fine.

 

Section 433A:- Restriction on powers of remission or commutation in certain cases.

The appropriate Government has power under Sections 432 and 433, Cr. P.C. to suspend or remit or commute the sentence while Section 433A of Cr. P.C. imposes restrictions on the powers of remission or commutation in certain cases.Section 433A was enacted to deny premature release before completion of 14 years of actual incarceration to such convicts who stand convicted of a capital offence. The period of detention undergone by an accused as an under trial prisoner against the sentence of life imprisonment can be set-off only if the appropriate authority passes an order under Section 432 or Section 433 of the Code. In the absence of such an order passed, and apart from the provisions of the relevant Jail Manual, imprisonment for life would mean imprisonment for remainder of life.

What is in the constitution? 

There is nowhere in the Constitution that the sentence of life imprisonment will be of 14 years. After every court of the country proves guilty, it decides that the culprit will get life imprisonment or any other sentence.The Supreme Court has clarified in its decision in 2012 that life imprisonment or life imprisonment means jail for life and nothing more than that.¹ Life imprisonment means prison for an entire lifetime.In fact, the sentence of life imprisonment is not 14 years.

As the criminal law in India did not provide for fixed duration of life imprisonment, there was still a big confusion. Then the Indian judiciary took the responsibility to clean the air and in numerous cases which came before it, laid down the law regarding life-term.

1.      Gopal Vinayak Godse v. The State of Maharashtra and Ors²

It was held that unless the said sentence is commuted or remitted by appropriate authority under the relevant provisions of the Indian Penal Code or the Cr.P.C., a prisoner sentenced to life imprisonment is bound in law to serve the life term in prison.

 

2.      State of Madhya Pradesh v. Ratan Singh³

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.

 

3.      Mohd. Munna v. Union of India

In this case it was reiterated that life imprisonment was not equivalent to imprisonment for 14 years or 20 years. Life imprisonment means imprisonment for the whole of the remaining period of the convicted person’s natural life.

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¹ Amit vs. State of UP, 2012 (4) SCC 107

² 1961 SCR(3) 440

³ 1976 SCR  552

Rules regarding life imprisonment in various countries:-

USA –

In the USA, life imprisonment generally continues till the prisoner dies. Sometimes life terms are given in sentences are disproportionate to the duration the prisoner is expected to live, for example, a 300-year sentence for multiple murders. In actuality, a life sentence does not always mean “imprisonment for life.” Once a period of 10 years or more is over, the convictcan be set out on parole.

MEXICO –

In Mexico, life imprisonment is an indeterminate sentence. Its term may range from 20 years up to a maximum of 40 years.

UNITED KINGDOM –

In the UK, “imprisonment for life” means a prison sentence of indeterminate length. In many cases, the Home Secretary sets the “tariff”, i.e., the length of the term, for life imprisonment convicts. He has to undergo sentence about 15 years before he can be paroled out.

GERMANY –

The German law has fixed minimum time to be served for a sentence of life imprisonment, which is 15 years after which the prisoner can apply for parole.

AUSTRALIA –

In Australia, term of life imprisonment is usually 25 years.Therefore, it can be observed that in most of the countries, duration of life imprisonment is indeterminate but after undergoing imprisonment for certain period, parole can be asked for.

CONCLUSION:-
On a careful study of Sections 45 and 47 of the I.P.C. and Sections 432, 433 and 433A Cr.P.C., it can be clearly seen that a prisoner sentenced to life sentence has to serve at least 14 years in prison.By virtue of Section 433A, the minimum term of imprisonment in respect of an offence where death is one of the punishments provided by law or where a death sentence has been commuted to life sentence, has been prescribed as 14 years.In the series of judgments after the decision in Godse’s case, ‘imprisonment for life’ has been repeatedly held to mean imprisonment for the natural life term of a prisoner, though the actual period of imprisonment may be reduced by virtue of remissions earned.