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Penal code, 1860

SUKHDEV YADAV @ PEHALWAN versus STATE OF (NCT OF DELHI) & OTHERS

Where a superior court (High Court or Supreme Court) has imposed life imprisonment by explicitly fixing it as a finite term of actual imprisonment (here, twenty years) without consideration of remission, upon completion of that specified term the convict has completed the sentence and is entitled to be released forthwith if not wanted in any other case; the convict is not obliged to apply for remission and the Sentence Review Board cannot override the judicially determined sentence.

Source excerpt

  • Life imprisonment
  • Fixed-term life sentence without remission
  • Remission of sentence
  • Release on completion of sentence
  • Parole
  • Furlough
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Criminal procedure

MAFABHAI MOTIBHAI SAGAR versus STATE OF GUJARAT & ORS.

Condition no.1's first part requiring the convict to 'behave decently' for two years is void for vagueness and arbitrary and is struck down as violative of Article 14; condition no.2 is not to be interpreted as permitting automatic cancellation of remission on mere allegation or registration of a cognizable offence — cancellation under Section 432(3) CrPC must follow principles of natural justice with show cause notice, opportunity to reply and a reasoned order, and must consider seriousness and material supporting the breach.

Source excerpt

  • Remission of sentence
  • Conditions for remission
  • Natural justice
  • Article 14
  • Article 21
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Criminal law

BILKIS YAKUB RASOOL versus UNION OF INDIA & OTHERS

The Supreme Court held that the State of Gujarat was not the 'appropriate Government' under s.432(7) CrPC to grant remission to convicts sentenced by the Special Court at Mumbai (Maharashtra); the remission orders dated 10.08.2022 were therefore illegal and quashed, and the Court further held the earlier order of 13.05.2022 was vitiated by suppression/misrepresentation (fraud) and per incuriam; consequently the quashed remission orders produced no valid liberty and the beneficiaries were directed to report to jail authorities within the stipulated period.

Source excerpt

  • Remission of sentence
  • Appropriate government (s.432(7) crpc)
  • Maintainability of writs/pils under article 32
  • Opinion of convicting judge (s.432(2) crpc)
  • Fraud on court
  • Rule of law
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Criminal law

ROHAN DHUNGAT ETC. versus THE STATE OF GOA & ORS. ETC.

Because Rule 335 of the Goa Prisons Rules, 2006 expressly provides that period of release on Furlough and Parole shall be counted as remission of sentence, the Supreme Court upheld the High Court's conclusion that the period of parole must be excluded from the period of sentence when computing whether a convict has completed 14 years of actual imprisonment for the purpose of premature release.

Source excerpt

  • Parole
  • Remission of sentence
  • Premature release
  • Computation of sentence
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Criminal law

RAM CHANDER versus THE STATE OF CHHATTISGARH & ANR.

Section 432(2) CrPC requires the presiding judge’s opinion to be accompanied by adequate reasons addressing relevant factors (as in Laxman Naskar); an opinion consisting of a bald statement without consideration of those factors is inadequate. The Court may review executive action on remission for arbitrariness and, where the presiding judge’s opinion is inadequate, direct that the judge furnish a fresh reasoned opinion and that the government reconsider the remission application. In this case the Special Judge’s opinion was inadequately reasoned and the petitioner’s remission application mus…

Source excerpt

  • Remission of sentence
  • Power of executive
  • Section 432 crpc
  • Section 433a crpc
  • Judicial review of executive action
  • Premature release under prison rules
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Criminal law

MATA PRASAD versus THE STATE OF U.P. & ANR.

The Court directed that the competent authority shall consider the petitioner's case for remission within three months in view of the 2018 policy and granted interim bail pending that consideration; the Court also directed the State Government to re-examine the 2021 amendment (minimum age 60 clause) within four months, expressing grave doubt about its validity.

Source excerpt

  • Remission of sentence
  • Pre-mature release policy
  • Executive clemency
  • Article 161
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Constitutional law

PYARE LAL versus STATE OF HARYANA

Given the constitutional significance of Maru Ram and subsequent three-Judge decisions establishing that relevant materials must ordinarily be placed before the Governor and that norms cannot automatically substitute consideration of individual case facts, the Court held that the question whether a policy permitting omnibus remission without placing individual case materials before the Governor is valid requires determination by a larger Bench and accordingly referred the matter to a larger Bench.

Source excerpt

  • Executive clemency
  • Remission of sentence
  • Judicial review
  • Sentencing
  • Article 161
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Criminal law

SUDAM @ RAHUL KANIRAM JADHAV versus THE STATE OF MAHARASHTRA

While the conviction of the petitioner for murder and related offences stands, two errors apparent on the record—incorrect reliance on an extra-judicial confession and improper observation regarding facial injuries—affect the sentencing analysis. Although the crime is grave, the circumstantial nature of evidence operates as a mitigating factor, and on the doctrine of prudence, the death sentence cannot be upheld. However, given the brutality of the offence and the unsatisfactory conduct of the petitioner in jail, life imprisonment simpliciter is also inadequate; therefore, the petitioner is s…

Source excerpt

  • Review jurisdiction in criminal proceedings
  • Scope of review under article 137 of constitution and supreme court rules
  • Conviction based on circumstantial evidence
  • Sentencing—death penalty vs life imprisonment
  • Doctrine of prudence in sentencing
  • Remission of sentence
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Criminal law

RAJAN versus THE HOME SECRETARY, HOME DEPARTMENT OF TAMIL NADU AND ORS.

Because Section 27(3) of the Arms Act has been declared ultra vires, that conviction/sentence cannot be reckoned; the term sentences for Sections 395 IPC and Section 3/25(1A) Arms Act were ordered to run concurrently and have been already undergone and therefore cannot be reckoned; consequently only the life sentences under Sections 302 and 307 IPC remain to be considered for premature release; consultation with the Central Government is not necessary; the Court will not order immediate release but directs the competent authority to consider the petitioner’s representation dated 05.02.2018 ex…

Source excerpt

  • Remission of sentence
  • Remission under sections 432 and 433 cr.p.c.
  • Multiple life sentences and concurrency
  • Section 27(3) of the arms act declared ultra vires
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Criminal law

STATE OF RAJASTHAN AND OTHERS versus MUKESH SHARMA

Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006 is constitutionally valid as the requirement to lay rules before the State Legislature under Section 59(2) of the Prisons Act, 1894 is directory and not mandatory. The rule is consistent with Section 433-A Cr.P.C. as remission is not a matter of right and the State may impose minimum requirements or restrictions for considering claims for remission beyond the statutory minimum of 14 years.

Source excerpt

  • Remission of sentence
  • Constitutional validity of prison rules
  • Interpretation of statutes
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.