Even those jailed for life have right to remission, rules SC

The Supreme Court on Tuesday clarified that the stringent language of Section 376DA of the Indian Penal Code (IPC), which prescribes imprisonment for the remainder of a convict’s natural life for gang rape of a minor under 16, does not take away the powers of constitutional functionaries or state governments to grant remission.

- Abraham Thomas

A bench of justices BV Nagarathna and R Mahadevan said, “Even if a person is sentenced to life for the remainder of life, it will not take away his right to remission.”

The court was dealing with a petition filed by the Delhi-based National Law University and a lawyer Mahendra Vishwanath Kawchale challenging sections 376DA along with sections 370(6) and 370(7) dealing with trafficking of persons, where the legislature has prescribed life sentence extending to entire life of the convict.

The court said that power of Parliament to prescribe punishment and constitutional right of remission stand on different foot-