Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court Pendency Of Matrimonial Dispute With General Allegations Not A Valid Ground To Deny Public Employment: Allahabad High Court Minimum Five Persons Mandatory To Prove 'Preparation For Dacoity' Under Section 399 IPC: Gujarat High Court Suit For Specific Performance Not Maintainable Without Prayer To Set Aside Termination Of Agreement: Madras High Court Trial Court Must Indicate Material Forming Basis Of Charge, Mechanical Framing Of Charges Impermissible: Madhya Pradesh High Court Voluntary Retirement Deemed Accepted If Positive Order Of Refusal Is Not Communicated Within Notice Period: Supreme Court Court Cannot Convict One Accused And Acquit Another On Same Evidence: Supreme Court Acquits Murder Convict Suspicion Cannot Replace Proof: Supreme Court Acquits Murder Convict Due To Unreliable Last-Seen Evidence And Principle Of Parity 138 NI Act | Accused Cannot Rebut Presumption Of Legally Enforceable Debt At Pre-Trial Stage In Cheque Bounce Cases: Supreme Court More Meritorious PWD Candidates From Reserved Categories Can Claim Unreserved PWD Posts In Open Competition: Supreme Court Meritorious Reserved Candidates Can Claim Unreserved Horizontal Vacancies Based On Merit: Supreme Court Employee Not Entitled To Gratuity Until Conclusion Of Both Departmental And Criminal Proceedings: Supreme Court Stamp Duty Recovery Against Legal Heirs Is Strictly Limited To The Extent Of Inherited Estate: Allahabad High Court Single Lathi Blow On Head During Sudden Altercation Amounts To Culpable Homicide Under Section 304 Part II IPC, Not Murder: Madhya Pradesh High Court Habeas Corpus Maintainable For Child Custody Against Father; Cannot Be Dismissed Merely Due To Alternate Remedy: Allahabad High Court "Plea Of Ignorance In Digital Era Inexcusable": Punjab & Haryana HC Imposes Rs 10K Cost On Accused For Hiding Prior Bail Dismissal Discrepancies In Name And Age On Monthly Pass Fail To Establish 'Bona Fide Passenger' Status In Railway Accident Claim: Delhi High Court "Last Seen" Theory A Weak Link If Time Gap Is Wide: Bombay High Court Acquits Man Sentenced To Life For Murder Failure To Conduct Pre-Anaesthetic Check-Up Prima Facie Amounts To Gross Medical Negligence Under Section 304A IPC: Kerala High Court

Only Supreme Court and High Courts Can impose sentence of life imprisonment beyond 14 years : SC

07 May 2024 8:19 AM

By: Admin


On 25 April 2023 , the Supreme Court of India has ruled, in a recent judgement Ravinder Singh Vs The State Govt. of NCT of Delhi , that the power to impose a modified special category sentence of fixed-term life imprisonment in excess of 14 years would be available to the High Courts and the Supreme Court, even in cases where the maximum punishment, permissible in law and duly imposed, is life imprisonment with nothing further.

The case in question involved a father who was convicted of raping his own daughter, who was a minor at the time. The Delhi High Court had confirmed the sentence passed by the Additional Sessions Judge, which was for a minimum of 20 years of actual imprisonment before the accused could seek remissions. However, the Supreme Court held that such a power could only be exercised by the High Courts or by the Supreme Court, and not by the Additional Sessions Judge. The Court further held that the sentence imposed by the Additional Sessions Judge was, therefore, without legal basis.

The Supreme Court noted that the convict was guilty of one of the most heinous of offences and that allowing him the freedom to seek liberal remissions, so as to cut short his life imprisonment, would be nothing short of a travesty of justice. The Court held that the ends of justice would be sufficiently served if the life imprisonment of the appellant was for a minimum of 20 years of actual incarceration before he could seek remissions under the provisions of the Code of Criminal Procedure, 1973, or any other enacted law.

The Court also observed that the law laid down in previous cases with regard to special category sentencing to life imprisonment in excess of 14 years by fixing a lengthier term would be available to the High Courts and the Supreme Court, even in cases where the maximum punishment, permissible in law and duly imposed, is life imprisonment with nothing further.

The Court cautioned that exercise of such power must be restricted to grave cases, where allowing the convict sentenced to life imprisonment to seek release after a 14-year-term would be tantamount to trivializing the very punishment imposed on such convict. The Court emphasized that cogent reasons have to be recorded for exercising such power on the facts of a given case and such power must not be exercised casually or for the mere asking.

Ravinder Singh Vs The State Govt. of NCT of Delhi

Latest Legal News