Sentence
of life imprisonment--Whether superimposition to the earlier
life sentence-Remissions or commutation in respect of earli-
er sentence--Whether available ipso facto ... section 302 IPC--Court's direction that in case of
remissions or commutation in respect of earlier sentence,
the latter sentenced to run thereafter
sections to be considered, which are as under :-
32A. No suspension, remission or commutation in any sentence awarded under this Act.- Notwithstanding anything contained ... legislature has thought it fit to provide for suspension, remission or commutation. With regard to probation, it is clear that the provisions contained in Section
equally fundamental, is: What is commutation of sentence and
how does commutation of a sentence differ from remission of
the sentence? This question gives rise ... commutation of sentence, reads as under:
"433. Power to commute
sentence.- The appropriate Government
may, without the consent of the person
sentenced, commute
commutation of sentence raised by a convict is concerned.
It is the discretion of the State Government to consider such plea for
commutation or remission ... equally fundamental, is:
What is commutation of sentence and how does commutation of a
sentence differ from remission of the sentence? This question gives rise
sentence of life imprisonment. We
therefore, direct that in case any remission or
commutation in respect of his earlier sentence is
granted ... required to say anything regarding
the practical effect of remission or commutation of
the sentences since that question does not arise in
Jitender Kumar
Statute and the Rules made for the purpose of grant of
commutation/remission of the sentence."
In the reply filed by the respondents ... Statute and
the Rules made for the purpose of grant of commutation/remission of the
sentence."
A somewhat similar question as to whether
power of the President for the
grant of pardon, reprieve, remission, commutation etc. in all cases where
the punishment or sentence is for an offence ... present context
with which we are concerned, namely, the power of remission, commutation
etc., it is well known that the powers relating to those actions
Procedure Code. Once the
irrefutable position that the execution, remission and
commutation of sentences primarily fall, as in the earlier
1898 Code, within ... Entry 2 in
List III as a cognate provision integral to remission and
commutation, as it sets limits to the power conferred
statute and the rules made for the purposes of
grant of commutation and remissions."
(Emphasis added)
In Subhash Chander this court referred ... also a very useful discussion with regard to the provisions of
commutation and remission in the Code of Criminal Procedure and the
prison rules
referred to.
2.1. The law governing suspension, remission and
commutation of sentence is both statutory and
constitutional. The stage for the exercise of this power ... will not in any way curb
the Constitutional power to grant remission and
commutation vested in the President or the Governor
by virtue of Articles
