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Friday, February 19, 2021

Duration of life imprisonment in India

What is the duration of life imprisonment in India? How long is life imprisonment? 

There is a general misconception among people that a prisoner serving life sentence has a right to be released upon completion of either 14 years or 20 years’ imprisonment.

The 14 year misconception comes because there is a provision for remission in the Code of Criminal Procedure. The state government can consider releasing someone on remission if they have fulfilled certain conditions after completing the minimum required term of 14 years. Because this provision is widely used that there is a common belief that life imprisonment actually means 14 years.

The state government decides whether the convict will stay in jail for 14 years or more, or a lifetime. The length of sentence is decided keeping in mind the person's behaviour, health, and also the family situation. 

To reduce the period of incarceration, a specific order under Section 432 of the CrPC has to be passed. However, the reduced period cannot be less than 14 years as per Section 433-A of the CrPC.

In order to reduce the prisoner's duration, under the CRPC Section 432 of the Constitution, the appropriate government must pass a specific order.

Under the Constitution 433-A of the CRPC, the State Government has got this right that it can reduce or suspend the sentence of the prisoners. The State governments have the complete discretion to request it to be reduced.

Since the prisoner is under the supervision of the state government, it been entrusted this responsibility. If the state government appeals for the reduction of punishment, it is heard. The state government should ensure that the person convicted for life imprisonment is not released before 14 years.

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