July,19,2016:

Humans like all other living beings have but one life to live, so there can't be two consecutive Life Sentences, SC.

A Five Judge Constitution Bench consisting of CJI. T.S. THAKUR, J. FAKKIR MOHAMED IBRAHIM KALIFULLA, J. A.K. SIKRI, J. S.A. BOBDE and  J. R. BANUMATHI dealt with an interesting question, “Whether consecutive life sentences can be awarded to the Convict upon being found guilty of  more than one Murder for which he has been tried in a single trial?

The Appellants in the matter were tried for several offences including an offence punishable under Section 302 of the Indian Penal Code, 1860 for several murders committed by them in a single incident. They were held guilty after trial and sentenced to suffer different sentences, including a sentence of imprisonment for life for each one of the murders committed by them.

What led to the issue is that the sentence of imprisonment for life for each one of the murders was directed to run consecutively that is one after the other.

High Court upheld the Trial Court order. A Three Judges Constitution Bench referred the question to the Five Judges Bench.

In this Judgement pronounced today itself the Bench held that the legal position on what is the term of Life Sentence is well settled that imprisonment for life is a sentence for the remaining part of the life of the offender unless the remaining sentence is commuted or remitted by the competent authority.

It was ruled that this being so, the provisions of Section 31 under Cr.P.C. must be so interpreted in such a manner that it is consistent with the basic tenet that a life sentence requires the prisoner to spend the rest of his life in prison.

It was observed that any direction that requires the offender to undergo imprisonment for life twice over would be anomalous and without any rational for it will disregard the fact that humans like all other living beings have but one life to live.

It was clarified that Section 31 (1) would permit consecutive running of sentences only in case such sentences do not happen to be life sentences.

Such Life Sentences shall be super imposed over each other so that any remission or commutation granted by the State in one does not automatically result in remission of the sentence awarded to the prisoner for the other, Bench held.

It was also ruled that the power of the Court to direct the order in which sentences will run is crystal clear in view of the language employed in Section 31 of the Cr.P.C. and the Court can, therefore, legally direct that the prisoner shall first undergo the term sentence before the commencement of his life sentence.

SC Judgement on Consecutive Life Sentences

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