The Supreme Court has ruled that Sessions Courts cannot restrict statutory powers of remission or commutation in life imprisonment cases. Clarifying sentencing law, the Court affirmed prisoners’ entitlement to remission and set-off under Section 428 CrPC.
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NEW DELHI: The Supreme Court of India, in a landmark criminal appellate judgment, has upheld the conviction of Kiran, accused of murdering a widow in Karnataka, confirming life imprisonment under Section 302 of the Indian Penal Code (IPC).
However, the Court clarified that the accused is entitled to set-off under Section 428 of the Code of Criminal Procedure (CrPC), correcting the lower court’s earlier direction that denied this statutory benefit.
Case Background
The tragic incident occurred on January 1, 2014, when the accused, a relative by marriage, allegedly torched the widow after she resisted his sexual advances. The victim sustained 60% burn injuries and passed away ten days later in a hospital. Despite some crucial witnesses turning hostile during the trial, the dying declaration of the deceased and the testimony of neighbors provided substantial evidence implicating the accused.
Supreme Court’s Observations
The Supreme Court, while granting special leave to appeal, focused on two primary issues:
- Validity of life imprisonment without remission
- Whether the trial court could deny set-off under Section 428 CrPC
Life Imprisonment and Remission
The Court reiterated that life imprisonment under Indian law generally extends for the remainder of the convict’s natural life, subject to remission or commutation by the Government under Sections 432-435 CrPC or Articles 72 and 161 of the Constitution. However, the Court emphasized that Sessions Courts do not have the authority to deny remission:
“The power to grant remission or commutation under Sections 432 to 435 CrPC cannot be curtailed by the Sessions Court.”
The judgment referenced Swamy Shraddananda v. State of Karnataka (2) and Union of India v. V. Sriharan, explaining that the practice of awarding life imprisonment “without remission” is reserved for constitutional courts, including High Courts and the Supreme Court, especially in rarest-of-the-rare cases.
ALSO READ: Supreme Court Overlooks Another Chance to Set Clear Guidelines on Remission
Set-Off Under Section 428 CrPC
Section 428 CrPC allows periods of detention during investigation, inquiry, or trial to be set off against the sentence imposed. The Supreme Court held that the trial court’s directive denying set-off was contrary to statutory provisions and modified the sentence accordingly:
“The statutory imprimatur in Section 428 CrPC is that the period of detention undergone by an accused shall be set off against the term of imprisonment imposed on conviction.”
The Supreme Court partly allowed the appeal:
- Confirmed conviction under Section 302 IPC
- Modified sentence to life imprisonment with entitlement to remission/commutation as per government policy
- Set-off under Section 428 CrPC granted
- Other concurrent sentences under related offences upheld
Case Title:
Kiran Versus The State of Karnataka
Special Leave Petition (Crl.) No.15786 of 2024
READ JUDGMENT
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