NAIB SINGH versus STATE OF PUNJAB & ORS.

NAIB SINGH versus STATE OF PUNJAB & ORS.

Since no commutation order has been passed under section 55 IPC or section 433(b) CrPC by the appropriate government, the petitioner is liable to serve his sentence for the remainder of his life in prison, as per Supreme Court rulings; 'imprisonment for life' is equivalent to rigorous imprisonment for life and is legally executable in jails within India.

Parties
Petitioner: Naib Singh; Respondents: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
19 April 1983
Procedural Posture
Writ Petition (crl.) No. 850 of 1982 / Original Jurisdiction
Outcome
Petition dismissed.
Legal Topics
Imprisonment for Life, Commutation of Sentence, Prisoners Act, Remission, Execution of Sentences
Criminal Law Constitutional Law Penal Law Imprisonment for Life Commutation of Sentence Prisoners Act Remission Execution of Sentences

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Parties

Naib Singh

Petitioner

State of Punjab & Ors.

Respondents

Procedural Posture

Writ Petition (crl.) No. 850 of 1982 / Original Jurisdiction

Legal Issues

  1. 1 Whether a prisoner sentenced to imprisonment for life is entitled to be released after undergoing 14 years of rigorous imprisonment without specific commutation by the State
  2. 2 Whether imprisonment for life is equivalent to rigorous imprisonment for life under Indian law
  3. 3 Lawfulness of executing 'imprisonment for life' in jails within the country

Ratio Decidendi

Since no commutation order has been passed under section 55 IPC or section 433(b) CrPC by the appropriate government, the petitioner is liable to serve his sentence for the remainder of his life in prison, as per Supreme Court rulings; 'imprisonment for life' is equivalent to rigorous imprisonment for life and is legally executable in jails within India.

Court Disposition

Petition dismissed.

Orders

  • Petitioner is not entitled to be released; rule discharged.