People often get confused over the term or duration of Life imprisonment in India.
Some tend to believe that life imprisonment means imprisonment for whole life i.e. the convict has to spend his entire remaining life in jail.
Others think that it’s not for the whole life but only for a specific duration of 14 or 20 years.
In this post, we shall visit some of the relevant legal provisions and judicial pronouncements to ascertain the meaning and duration of life imprisonment in India.
Life Imprisonemnt in India: Legal Provisions
Indian Penal Statutes that attempt to define the term “life imprisonment” include the Indian Penal Code 1860 (henceforth IPC 1860) and the Criminal Procedure Code 1973 (henceforth CrPC 1973).
Indian Penal Code 1860
IPC 1860 originally did not explicitly define the term or duration of life imprisonment. It only mentioned it as a form of punishment or in relation to some other provisions.
For instance, the Indian Penal Code 1860 (henceforth IPC 1860), in Section 53 mentions it as one of the six types of punishments envisaged in IPC. The others include death, imprisonment (simple as well as rigorous, forfeiture of property, and fine.
Similarly, Section 55 of the IPC empowers the “appropriate government” to commute the life imprisonment “for a term not exceeding fourteen years”.
However, an amendment in 2013 that substituted some existing provisions in IPC provided that life imprisonment or imprisonment for life means imprisonment for the remainder of that person’s natural life.
For instance, sub-sections 6 of Section 376 of IPC (deals with the offense of trafficking) provide that “if a person is convicted of the offense of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine”.
Sub-sections 6 of Section 370 of IPC also reiterates the same with respect to the duration of life imprisonment. It clearly provides that “imprisonment for life shall mean imprisonment for the remainder of that person’s natural life“.
Section 376(2)(n) that deals with the offense of rape also defines life imprisonment as imprisonment for the remainder of that person’s natural life, and shall also be liable to fine if one commits rape repeatedly on the same woman.
Some other sections of IPC 1860 that mention life imprisonment as “imprisonment for the remainder of that person’s natural life” include Section 376DA (Punishment for gang rape on woman under sixteen years of age), Section 376DB (Punishment for gang rape on woman under twelve years of age), and Section 376E (Punishment for repeat offenders), etc.
As discussed in the next section, Indian Supreme Court has also reiterated the same in its numerous judgments by holding that life imprisonment means imprisonment for the whole of the remaining life of the convict.
The Code of Criminal Procedure 1973
The provisions under CrPC 1973 that directly or indirectly deal with the term of life imprisonment include sections 31, 427, 432, 433, and 433A, etc.
Section 31 of CrPC 1973 talks about the sentence in cases of conviction of several offenses at one trial. It provides that when a person is convicted at one trial of two or more offenses and if the punishment consists of imprisonment on multiple counts, one is to commence after the expiration of the other in such order as the Court may direct unless the Court directs that such punishments shall run concurrently.
However, the proviso to section 31 of CrPC 1973 provides that “in no case shall such person be sentenced to imprisonment for a longer period than fourteen years“.
Further, proviso (b) to this section provides that “the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offense“.
So, does that mean a person sentenced to imprisonment for life cannot stay in jail beyond 14 years? If not for judicial pronouncements and clarifications on this issue (discussed in the next section), that’s what a bare reading of these provisions seems to suggest.
Section 427 CrPC 1973 deals with an offender who while undergoing sentence for a fixed term is subsequently convicted to imprisonment for a fixed term or for life. In such a situation, the first sentence, being for a fixed term, expires on a definite date which is known when the subsequent conviction is made.
Sub-section (1) says that in such a situation, the date of expiry of the first sentence which the offender is undergoing being known, ordinarily, the subsequent sentence would commence at the expiration of the first term of imprisonment unless the court directs the subsequent sentence to run concurrently with the previous sentence.
Section 432 of CrPC 1973 talks about the government’s power to suspend or remit sentences. It provides that when any person has been sentenced to punishment for an offense, the appropriate Government may, at any time, without conditions or upon any conditions which 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.
Section 433 of the CrPC 1973 empowers the Government to commute sentences. Sub-section therein provides that the government may commute a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years, or for fines.
Judicial Prouncements on Life Imprisonment
In this section, we have compiled some of the relevant and latest judicial decisions on the term of life imprisonment in India.
Afsar Shaikh vs State of Gujarat 2018
In this case, the court held that imprisonment for life means a sentence to serve the remainder of life in prison unless commuted or remitted by the appropriate authority. And a person having only one life span, the sentence on a subsequent conviction of imprisonment for a specific term or imprisonment for life can only be superimposed to the earlier life sentence and certainly not added to it since extending the life span of the offender or for that matter, anyone is beyond human might.
Kashmiri vs State Of Haryana 2011
In this case, the court reiterated the holding of the Gopal Vinayak Godse case that a sentence of transportation for life or imprisonment for life must prima-facie be treated as transportation or imprisonment for the whole of the remaining period of the convicted person’s natural life unless commuted by appropriate government or Governor under relevant provisions of the Criminal Procedure Code 1973 or Constitution.
Shibu v State of Kerala 2010
The court held that a sentence of imprisonment for life operates for an indeterminate period until the death of the life convict unless and until the appropriate Government passes an order of remission under Section 432 CrPC 1973 or commutation under Section 433 CrPC 1973 or an order of remission or commutation under Articles 72 or 161 of the Constitution of India.
In this case, the court also delved into the issue of Section 31 CrPC that limits the maximum term of imprisonment to 14 years (whether running concurrently or one after other).
In the opinion of the court, Section 31(1) does not seem to cover a sentence of imprisonment for life because, by the very nature of that sentence it runs till the death of the life convict and, therefore, in a case where a convict has been awarded both life imprisonments and term imprisonments, a court cannot direct that a sentence of imprisonment for a term awarded in the same trial shall commence only after the expiration of the sentence of imprisonment for life awarded in the same trial.
The court held that even assuming that the expression “imprisonment” used in Section 31(1) CrPC 1973 is wide enough to take in imprisonment for life as well, still, it is not as if in the absence of a direction by the court to the effect that the sentences shall run concurrently, the sentences will automatically run consecutively.
This is because section 31(1) envisages a further direction by the court regarding the order in which each sentence shall commence after the expiration of the other. Or else, in a case as the present one, if imprisonment for life and imprisonments for fixed-term are awarded in the same trial and if the sentence of imprisonment for life happens to be passed as the first sentence, then, unless otherwise indicated, the sentences for imprisonment for fixed terms will become inoperative if they are to be served after the sentence of imprisonment for life.
For similar reasons, the court held that the ordinary rule of consecutive sentence under section 427(1) CrPC 1973 also cannot apply to a person already undergoing a sentence of imprisonment for life and that is why a rule of concurrency is statutorily enjoined under section 427(2) CrPC 1973.
Bhagirath vs Delhi Administration 1985
The apex court held that in absence of an order of commutation of sentence passed generally or specifically by the appropriate government under sections 432 or 433, imprisonment for life would mean imprisonment for the remainder of life.
Thus, one can say that if the government does not pass an order of commutation, a person sentenced to life imprisonment has to spend his entire remaining life in jail. In practice, however, governments generally commute such sentences as a matter of public policy, especially on some special national occasions.
Recently, the Supreme Court held that a Governor exercising his special remission powers under article 161 of the Indian constitution can order for the release of a prisoner sentenced to life imprisonment even before he has spent a minimum of 14 years in prison.
Naib Singh vs State of Punjab 1983
In this case, the court held that a prisoner sentenced to imprisonment for life is not entitled to be set free after undergoing 14 years rigorous imprisonment unless specific order commuting sentence is passed under section 55 of IPC 1860 or section 433(b) of CrPC 1973.
Gopal Vinayak Godse vs The State of Maharashtra 1961
In this case, the petitioner was convicted in 1949 and sentenced to transportation for life which got converted into rigorous imprisonment for life after an amendment of IPC in 1955. In an appeal, when he contended for fixed-term remission, the court held that a prisoner sentenced to life imprisonment is bound to serve the remainder of his life in prison unless the sentence is commuted or remitted by the appropriate authority.
The court held further that “such a sentence could not be equated with any fixed term. The rules framed under the Prisons Act entitled such a prisoner to earn remissions but such remissions were to be taken into account only towards the end of the term. The question of remissions was exclusively within the province of the appropriate Government”.
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Conclusion
Courts in India award the punishment of life imprisonment to convicts of serious offenses like murder, rape, terrorism, mutiny, waging war against the state, etc.
Regarding the term or duration of life imprisonment in India, it is imprisonment for the entire remaining life of the convict unless commuted earlier by the government.
While penal statutes contain conflicting provisions regarding the term of life imprisonment, the courts have authoritatively decided in numerous judicial pronouncements that a sentence for imprisonment for life must prima-facie be treated as imprisonment for the whole of the remaining period of the convicted person’s natural life unless commuted by the appropriate government.
A state government can commute such a sentence of life imprisonment under relevant provisions of the Criminal Procedure Code 1973 after the prisoner has spent at least 14 years in prison. The Governor can do so even earlier while exercising his power under article 161 of the Indian constitution.
Some FAQs on Life Imprisonment in India include-
How many years are there in life imprisonment in India?
Indian courts have decided that life imprisonment means imprisonment for the whole of the natural life of the convicted person. In other words, a prisoner sentenced to life imprisonment is bound to serve the remainder of his life in prison unless the sentence is commuted or remitted by the appropriate authority.
In the Vinayak Godse case, the Supreme Court held that life imprisonment can not be equated with any fixed term.
How is life imprisonment calculated in India?
There is no method for calculation of life imprisonment as it is imprisonment for the remainder of a convicted person’s natural life. It operates for an indeterminate period until the death of the life convict unless commuted by the government after the convict has spent 14 years in jail.
Recently, the court held that the governor exercising his special power under article 161 of the constitution can remit the sentence even before the convict has spent 14 years in prison.
What is the maximum sentence of imprisonment?
Imprisonment for life can be said to be the maximum sentence of imprisonment as it operates until the death of the life convict. In other words, a person sentenced to life imprisonment has to spend his entire remaining life in prison.
Is life imprisonment for life?
Yes, life imprisonment means imprisonment for the entire remaining life. A person sentenced to life imprisonment will have to spend his entire remaining life in jail unless and until his sentence is commuted by the government under relevant provisions of CrPC 1973 as discussed in the preceding sections.
Indian courts have decided that life imprisonment means imprisonment for the whole of the natural life of the convicted person. In other words, a prisoner sentenced to life imprisonment is bound to serve the remainder of his life in prison unless the sentence is commuted or remitted by the appropriate authority.
In the Vinayak Godse case, the Supreme Court held that life imprisonment can not be equated with any fixed term.
There is no method for calculation of life imprisonment as it is an imprisonment for the remainder of a convicted person’s natural life. It operates for an indeterminate period until the death of the life convict unless commuted by the government after the convict has spent 14 years in jail.
Recently, the court held that the governor exercising his special power under article 161 of the constitution can remit the sentence even before the convict has spent 14 years in prison.
Imprisonment for life can be said to be the maximum sentence of imprisonment as it operates until the death of the life convict. In other words, a person sentenced to life imprisonment has to spend his entire remaining life in prison.
Yes, life imprisonment means imprisonment for the entire remaining life. A person sentenced to life imprisonment will have to spend his entire remaining life in jail unless and until his sentence is commuted by the government under relevant provisions of CrPC 1973 as discussed in the preceding sections.
