SC favours provision for life term without remissionhttps://indianexpress.com/article/news-archive/web/sc-favours-provision-for-life-term-without-remission/

SC favours provision for life term without remission

The court’s order came while hearing an appeal by the Rajasthan government against a convict,whose death sentence had been commuted to life term.

The Supreme Court Friday urged the Centre to consider having a legal provision for life imprisonment without any commutation or remission in cases,which shock the collective conscience of society.

“While culling out the rarest of rare cases on the basis of aggravating and mitigating factors,we are of the view that such crimes,which shock the collective conscience of the society by creating extreme revulsion in the minds of the people,are to be treated as the rarest of rare category,” a Bench of Justices C K Prasad and Kurian Joseph said.

The court said that for such extraordinary cases,hanging between the death penalty and the life term,the legislature should mull a provision without a prerogative to the executive for commuting the life term,which means for entire life. “We are of the view that it will do well in case a proper amendment under Section 53 of IPC is provided,introducing one more category of punishment — life imprisonment without commutation or remission,” said the Bench.

The court’s order came while hearing an appeal by the Rajasthan government against a convict,whose death sentence had been commuted to life term by the HC. The convict had in 2002 raped a five-year-old girl and then killed her. He packed the victim’s body in a sack and secretly left it in a train. In 2004,a trial court sentenced him to death but the HC converted it into life term.