Section 45, IPC defines the word “Life”, which denotes the life of a human being, unless the contrary appears from the context. Section 55, IPC deals with ‘Commutation of sentence of imprisonment for life…. 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.
Section 433, Code of Criminal Procedure deals with power to commute the sentence, where the appropriate Government may, without the consent of the person sentenced, commute, (b) a sentence of imprisonment of life, for imprisonment for a term not exceeding fourteen years or for fine. Whereas Section 433A, Code of Criminal Procedure places restriction on powers of remission or commutation in certain cases, which reads as under:
Section 433A:- Restriction on powers of remission or commutation in certain cases. Notwithstanding anything contained in Section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death in one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted u/s 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.
The Hon’ble Supreme Court in State of Andhra Pradesh and Others Vs. G.M. Morey, while explaining the object of Section 433A, Code of Criminal Procedure held as under:
The object of Section 433A, Code of Criminal Procedure is that those governed by it shall not be released unless they have served a sentence of at least 14 years’ imprisonment. Section 433A does not govern all life convicts. It does not apply to those convicted.and sentenced to life imprisonment before its commencement. It does not apply to those convicted and sentenced to life imprisonment for offences not punishable with death, such as, Sections. 304, 307, 326, IPC etc. Those governed by Section 433A are excepted from the benefit of G.O.M.S. No. 557, dated 30-10-1980 issued by the Government of Andhra Pradesh for the obvious reason that they have to serve the statutory minimum period of 14 years in jail prescribed by Section 433A.
In Naib Singh Vs. State of Punjab and Others, the Hon’ble Supreme Court held that no prisoner will have a right to be released at the end of 14 years, unless in the absence of any order of commutation having been passed either u/s 55, IPC or Section 433(b) of Code of Criminal Procedure
The Hon’ble Supreme Court recently in Ramraj @ Nanhoo @ Bihnu Vs. State of Chhattisgarh, Supreme 456, after referring to various judgments, summarized the law that a convict awarded life sentence has to undergo imprisonment for at least 14 years. While Sections 432 and 433 empowers the appropriate Government to suspend, remit or commute sentences, including a sentence of death and life imprisonment, a fetter has been imposed by the legislature on such powers by the introduction of Section 433A into the Code of Criminal Procedure by the Amending Act of 1978, which came into effect on and from 18th December, 1978. By virtue of the non obstante clause used in Section 433A, the minimum term of imprisonment in respect of an offence where death is one of the punishments provided by laws or where a death sentence has been commuted to life sentence, has been prescribed as 14 years. In the various decisions rendered after the decision in Gopal Vinayak Godse Vs. The State of Maharashtra and Others, “imprisonment for life” has been repeatedly held to mean imprisonment for the natural life’ term of a convict, though the actual period of imprisonment may stand reduced on account of remissions earned. But in no case, with the possible exception of the powers vested in the President under Article 72 of the Constitution and the power vested in the Governor under Article 161 of the Constitution, even with remissions earned, can a sentence of imprisonment for life be reduced (in) discretion of the concerned authorities to below 14 years. It is thereafter left to determine the actual length of imprisonment having regard to the gravity and intensity of the offence.
