MD. MUNNA versus UNION OF INDIA AND ORS.

MD. MUNNA versus UNION OF INDIA AND ORS.

Life imprisonment is not for a definite period and must be treated as imprisonment for the remainder of the convict's natural life unless the sentence is commuted or remission is granted by the appropriate government. There is no provision in IPC or CrPC to treat life imprisonment as 14 or 20 years without remission; rules and statutes relied upon by petitioner do not confer automatic right to release.

Parties
Petitioner: MD. Munna; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
16 September 2005
Procedural Posture
Writ Petition (criminal) Under Article 32 / Final Judgment
Outcome
Writ Petitions dismissed
Legal Topics
Writ of Habeas Corpus, Life Imprisonment, Remission, Rigorous Vs. Simple Imprisonment, Prison Regulations, Detention Legality
Constitutional Law Criminal Law Penal Law Prison Law Writ of Habeas Corpus Life Imprisonment Remission Rigorous Vs. Simple Imprisonment +2 more

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Parties

MD. Munna

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (criminal) Under Article 32 / Final Judgment

Legal Issues

  1. 1 Is imprisonment for life equivalent to 14 or 20 years without remission?
  2. 2 Is life imprisonment to be treated as rigorous or simple imprisonment?
  3. 3 Is detention in jail legal after sentence of life imprisonment?

Ratio Decidendi

Life imprisonment is not for a definite period and must be treated as imprisonment for the remainder of the convict's natural life unless the sentence is commuted or remission is granted by the appropriate government. There is no provision in IPC or CrPC to treat life imprisonment as 14 or 20 years without remission; rules and statutes relied upon by petitioner do not confer automatic right to release.

Court Disposition

Writ Petitions dismissed

Orders

  • Order of bail dated 27.11.1998 vacated.
  • Respondents may take petitioner into custody.