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1 - 7 of 7 (0.24 seconds)Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
The Prisons Act, 1894
State Of Madhya Pradesh vs Ratan Singh & Ors on 5 May, 1976
8. The same view was later expressed by their Lordships of the Supreme Court in State of Madhya Pradesh v. Ratan Singh and Ors. , wherein it was observed that a sentence for life would enure till the life time of the accused, as it is not possible to fix a particular time of the prisoners death; so any remissions allowed under the rules could not be regarded as a substitute for a sentence in the case of imprisonment for life. The Rules framed under the Prisons Act or under the Jail Manual do not affect the total period which the prisoner has to suffer, but they merely amount to administrative instructions with regard to the various remissions to be given to the prisoner from time to time.
Article 72 in Constitution of India [Constitution]
Gopal Vinayak Godse vs The State Of Maharashtra And Others on 12 January, 1961
A sentence of imprisonment for life was nothing less and nothing else than an imprisonment which lasted till last breath. Since death was uncertain, deduction by way of remission did not yield any tangible date for release and so the prayer of Godse was refused. The nature of a life sentence is incarceration until death, judicial sentence of imprisonment for life cannot be in jeopardy merely because of long accumulations of remissions. Realse would follow only upon an order under Section 401 of the Criminal Procedure Code, 1898 (corresponding to Section 432 of the 1973 Code) by the appropriate Government or on a clemency order in exercise of power under Article 72 or 161 of the Constitution. Godse (supra) is authority for the proposition that a sentence of imprisonment for life is one of "imprisonment for the whole of the remaining period of the convicted person's natural life.
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