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Life Imprisonment in India

Once recommendations have been made, they cannot be considered a substitute for such a penalty. The High Court was wrong to believe that a person sentenced to life imprisonment had the right to be released after a 20-year sentence, including remission.

In Gopal Vinayak Godse it was held against the state of Maharashtra that life imprisonment is life imprisonment and nothing else and therefore a prisoner sentenced to life imprisonment is obliged to spend the rest of his life in prison. But it has not been denied that such a sentence could be commuted or waived by the competent authority, in this logic it was confirmed by a chamber of three judges of the Supreme Court that the Criminal Code and the Rules of Procedure clearly distinguish between life and prison sentences.

This was rejected by a broad tribunal of the Bhagirath & Ors vs Delhi Administration and it was found that for the purposes of compensation, conversion and tolerance of sentences under the Code of Criminal Procedure, the relevant provisions should be construed as: that a person, sentenced to life imprisonment, sentenced to temporary imprisonment and the conviction is the time of their lives.

Purpose of Life Imprisonment:

  1. Punishment:

    when a person commits a crime, they are sanctioned by a court and then imprisoned, which robs them of all freedom and distances them from their society; Punishment can make the person a good person and restore their fundamental freedoms and also give them the opportunity to live freely in society with their families. Sometimes he also gives them work so that they don't commit a crime again. So penalties are important to criminals.
  2. Deterrence:

    Deterrence is another way of punishing perpetrators so that they do not repeat their crime again because punishment teaches the perpetrators values ​​and gives them the opportunity to change themselves and become law abiding citizens.
  3. Public Protection:

    If a person commits a serious crime such as murder or rape, they face life imprisonment ordered by the judge. This is the only way we can protect the public from these criminals.
  4. Rehabilitation:

    Rehabilitation means that a prisoner is ready to accept the crime he has committed and take some necessary steps to change it. In this case, the government decides to give him the chance to change himself in prison.
  5. There is no other option:

    After committing a crime, the prisoner has no option to be released and faces a prison sentence.

    The Constitution of India now states that the prison sentence is 14 years, for every crime the guilty is punished according to his crime and the court decides what sentence is inflicted on the guilty. Offenses such as murder and rape, the perpetrator is in some way sentenced to life imprisonment or the death penalty. There will be no life imprisonment or death penalty pardons. This decision was made by the Supreme Court of India in 2012 and the life sentence is not limited, it can be extended up to 25 years. Criminals cannot request their release from prison or their relatives or friends.

The Indian Constitution mention rules and regulations on life imprisonment:

  • Life imprisonment is 14, 20 or 25 years.
  • It can last a lifetime.
  • Life imprisonment can go to the end of life.
  • After a life sentence, the perpetrator has to face all circumstances in prison.
  • You cannot demand her release.
  • Life imprisonment cannot be forgiven.

Section 432and 433 of the Cr.P.C mentions the period of life imprisonment. This is a very serious error, as life imprisonment is not limited to 14 years. There are several reasons for a 14 year prison sentence. Life imprisonment depends on the prisoner's actions. The life sentence can be reduced if the prisoner proves his worth in prison. The death penalty can also be awarded in the event of an act and reaction of the prisoner observed in prison. Otherwise life in prison will be hell if you are not doing well in prison. The convict can be released; he must first meet some of the conditions of detention.

Reasons for the release of prisoner:

  • If someone is mistakenly caught for a crime, they can be released.
  • If a person changes and shows the police that they are not going to commit another crime, they can be released.
  • If a woman serving a life sentence becomes pregnant or has another reproductive problem, she can be released.
  • No prisoner is released before the age of 14.

Prisons are made to bring a positive change in the life of the convict but sometimes this initiative gets backfired and it brings on negative attitude in the minds of criminals. Instead of creating a sense of fear regarding the loss of freedom, the prison develops sense of revenge and anger in the minds of criminals.

For the prison to create a positive impact proper counseling of the convicts are necessary, they should be assisted to realize their mistake and repent for the same. They should also be taught to not repeat such acts as they.  

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