BHAGIRATH & ORS versus DELHI ADMINISTRATION

BHAGIRATH & ORS versus DELHI ADMINISTRATION

Section 428 of the Code of Criminal Procedure applies to persons sentenced to life imprisonment: the phrase 'imprisonment for a term' includes imprisonment for life, which is imprisonment for the term of natural life. Thus, pre-conviction detention must be set off against a life sentence, subject to provisions in Section 433A CrPC and appropriate government orders under Sections 432 and 433. Kartar Singh v. State of Haryana is overruled. The legislative intent and equity demand extension of set-off benefit also to those imprisoned for life, in line with the reformative character of punishments.

Parties
Appellant/petitioner: Bhagirath & Ors.; Respondent: Delhi Administration; Petitioner (in Companion Writ Petition): Rakesh Kaushik
Jurisdiction
India
Judgment Date
16 April 1985
Procedural Posture
Criminal Appeal and Writ Petition / Appeal From High Court Judgment and Original Writ Petition Under Article 32
Outcome
Appeal and writ petition allowed.
Legal Topics
Set Off of Pre Conviction Detention, Interpretation of Statutes, Remission and Commutation, Life Imprisonment, Benefit of Criminal Procedure Code Section 428, Punjab Jail Manual
Criminal Law Prison Law Constitutional Law Set Off of Pre Conviction Detention Interpretation of Statutes Remission and Commutation Life Imprisonment Benefit of Criminal Procedure Code Section 428 +1 more

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Parties

Bhagirath & Ors.

Appellant/petitioner

Delhi Administration

Respondent

Rakesh Kaushik

Petitioner (in Companion Writ Petition)

Procedural Posture

Criminal Appeal and Writ Petition / Appeal From High Court Judgment and Original Writ Petition Under Article 32

Legal Issues

  1. 1 Whether a person sentenced to life imprisonment is entitled to set off the period of undertrial detention against the sentence, under Section 428 of the Code of Criminal Procedure.
  2. 2 Whether 'imprisonment for life' is 'imprisonment for a term' within the meaning of Section 428 CrPC.
  3. 3 Interpretation of the marginal note and language of Section 428 CrPC regarding set-off.

Ratio Decidendi

Section 428 of the Code of Criminal Procedure applies to persons sentenced to life imprisonment: the phrase 'imprisonment for a term' includes imprisonment for life, which is imprisonment for the term of natural life. Thus, pre-conviction detention must be set off against a life sentence, subject to provisions in Section 433A CrPC and appropriate government orders under Sections 432 and 433. Kartar Singh v. State of Haryana is overruled. The legislative intent and equity demand extension of set-off benefit also to those imprisoned for life, in line with the reformative character of punishments.

Court Disposition

Appeal and writ petition allowed.

Orders

  • The period of detention undergone by the two accused as undertrial prisoners shall be set off against the sentence of life imprisonment imposed upon them, subject to Section 433A and orders by the appropriate authority under Sections 432 or 433 of the Code of Criminal Procedure.