The author has explained the meaning of the term “Life Imprisonment” in India. For analysis, the author also used various legal provisions and judicial precedents.
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Section 53 of the Indian Penal Code mentions the list of punishments given to criminal offenders. One of such offences is life imprisonment. This is the second most rigorous punishment in India. A sentence of imprisonment for life exists for grave offences such as murder, rape, blasphemy, etc.
Life imprisonment means imprisonment for the rest of the life of the convicted prisoner.
In the case of Bhagirath & Ors v. Delhi Administration; the Supreme of India defined Imprisonment for life as imprisonment for the remainder of the natural life of the convict. If life imprisonment is given to a person; he shall stay in the prison for a minimum of 14 years and the maximum is the rest of his life.
Life imprisonment was not in existence when the Indian Penal Code (Hereinafter “IPC”); was formulated.
However, when Section 53 of IPC was amended in 1955; they replaced “Transportation for life” with “Imprisonment for life”.
The reason for this punishment is to sever the bond between the offender and society. This will not only prevent them from committing further crimes but also allows them to rethink what they’ve done.
There are various provisions under the IPC and Code of Criminal Procedure (Hereinafter Cr.P.C) that deal with Life Imprisonment.
Two provisions in IPC usually confuse the citizens on the duration of the life imprisonment. That includes section 55 and 57:
Further, three provisions under Cr.P.C that deals with life imprisonment. They include
In the case of Gopal Vinayak Godse v. The State of Maharashtra; the court held that life imprisonment cannot be equated with any fixed term. Consequently, life imprisonment imprisons a prisoner for the rest of his life. Until or unless his sentence was commuted or remitted by the appropriate government.
In the case of Naib Singh v. State of Punjab & Ors.; the Supreme Court of India cleared the confusion with the duration of life imprisonment and section 55 of IPC. The court held that a life convict cannot claim for his release after serving 14 years in prison. Life imprisonment continues until the death of the prison. The only exception to this is commutation and remission.
In Union of India v. V. Sriharan; the High Court of Punjab and Haryana held that the trial court does not have the power to deprive the remission power of the appropriate government. This power lies only with the High court and Supreme Court. This was reiterated in the case of Savitri v, State of Haryana.
Life imprisonment as the name suggests it is imprisonment for life. However, the appropriate government shall consider certain factors and remit or commute the prisoner. Those factors include the conduct of the prisoner, family situation, age of the prisoner, work is done in the prison, etc. Hence, as much as life imprisonment being a punishment to prevent the person from committing the crime; it also helps him to reform himself.
