LAKKHI AND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A number of habeas corpus petitions come up before this Court from time to time for purposes of reduction/commutation of sentences and release on parole/premature release by prisoners undergoing life imprisonment. There is a common belief in some quarters that life imprisonment means imprisonment for 14 years or imprisonment for 20 years and after this period the convict should be released automatically. Looking to the importance of the questions which arise in various habeas corpus petitions, the following questions were framed and advocates were also invited to assist the Court in answering these questions :-

(2.) Section 53 of the IPC provides for the punishment, to which the offenders are liable under the Act and one of the punishments is imprisonment for life. Earlier, one of the modes of punishment was transportation for life but this has now been omitted and it has been provided that reference to transportation to life shall be construed as imprisonment for life. S. 57 of the IPC provides that in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years. On account of this provision it is generally believed that the sentence of life imprisonment means imprisonment for twenty years. However, this is not so. This provision is applicable only for the purposes of calculating the fractions of terms of punishment. For example S. 511, IPC provides for punishment for attempt to commit offence punishable by imprisonment for life or other imprisonment, and where no express provision is made by the Code, for the punishment of such attempt, the accused may be punished for a term which may extend to one half of the imprisonment for life or as the case may be half of the longest term of imprisonment provided for that offence. The scope of S. 57, IPC is limited to calculation of fractions of terms of imprisonment and only while calculating fractions life imprisonment is to be reckoned us equivalent to imprisonment of twenty years. Life imprisonment does not mean imprisonment for twenty years for all purposes.

(3.) Section 55, IPC provides that in every case in which sentence of imprisonment for life shall have been passed the appropriate Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. This section empowers the appropriate Government (defined in S. SSA, IPC) to commute the sentence of imprisonment of life. A right has been conferred on the Govt. the exercise of which is discretionary. This provision does not mean that life imprisonment is imprisonment for fourteen years, and a prisoner is to be automatically released after fourteen years of imprisonment. It is for the appropriate Government to commute the sentence and for this purpose Rules have been framed by the State Government.