Only constitutional courts can confer life imprisonment without remission: SC

The Supreme Court on Thursday held that the power to impose punishment of imprisonment for life without remission was conferred only on the constitutional courts and not on the sessions’ courts. A bench of justices Ahsanuddin Amanullah and K Vinod Chandran said life imprisonment given to an accused would be for the rest of the life and the power to grant remission and commutation cannot be curtailed by the sessions court.

“The sentence of life imprisonment cannot be directed to be till the end of natural life, by the sessions court, which direction would be in conflict with the provisions of the CrPC. “The power of remission or commutation conferred on the State cannot be taken away and the sentence as awarded by the trial court and confirmed by the High Court for the offence under Section 302 of the Indian Penal Code, 18605 is confirmed as imprisonment for life,” the bench said. The top court was hearing a case in which a man had torched to death a widow after she refused his sexual advances. The trial court had awarded life imprisonment till the remainder of life and prohibited the benefit of remission. The apex court had issued notice limited to the question as to whether the trial court was correct in imposing life imprisonment, meaning that it will be till the end of his natural life and directing the accused to be not granted the benefit of remission under Section 428 of the Code of Criminal Procedure, 1973.