Restriction on powers of remission or commutation in certain cases
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Summary
When a person is given life imprisonment for an offence that the law also allows the death penalty for, or when a death sentence is commuted to life, they cannot be released unless they have served at least fourteen years. This rule overrides any ordinary power to remit or commute sentences.
Example
Rohan is convicted of an offence that can attract the death penalty and is sentenced to life imprisonment. He applies for remission after eight years, but he cannot be released because he must serve at least fourteen years.
Bare Act
Enacted textNotwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishment provided by laws or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.
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