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Life Sentences For Different Offences Can't Run Consecutively; Remission In One Won't Affect Life Term For Another: Supreme Court

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LiveLaw
Bottom Line Up Front (BLUF)

The Supreme Court held that life sentences for different offences cannot run consecutively. Remission granted in one life sentence will not affect another life sentence. The Court clarified that a life sentence means imprisonment for the remainder of the convict's natural life, unless remitted.

Ratio Decidendi · Legal Principle Established

Life sentences awarded for different offences cannot be directed to run consecutively. A life sentence implies imprisonment for the natural life of the convict, subject to any remission granted by the appropriate government. Remission in one life sentence does not automatically impact another life sentence.

Practice & Procedural Impact for Advocates

Advocates should argue against consecutive life sentences, as they are legally impermissible. Litigants serving multiple life sentences should understand that remission for one sentence does not automatically apply to others. Counsel must confirm the applicable procedural code (BNSS/CrPC) and evidence act (BSA/IEA) for new proceedings.

Key Legal Takeaways

  • 1Life sentences for distinct offences must run concurrently, not consecutively.
  • 2A life sentence is for the natural life of the convict, unless remitted.
  • 3Remission in one life sentence does not affect other life sentences.

The Legal Issue The Supreme Court addressed the question of whether multiple life sentences awarded for different offences can be directed to run consecutively, and the impact of remission in one such sentence on another. The core issue revolved around the interpretation of 'life imprisonment' and the principles governing the execution of multiple sentences.

Court's Reasoning The Supreme Court reiterated that a sentence of life imprisonment means imprisonment for the remainder of the convict's natural life. The Court clarified that it is impermissible to direct that two or more life sentences shall run consecutively. Such sentences must run concurrently. The Court further held that any remission granted by the appropriate government in one life sentence would not automatically extend to or affect another life sentence awarded for a different offence. Each life sentence stands independently, and remission must be considered separately for each, based on the specific facts and statutory provisions.

What Follows This ruling clarifies the legal position regarding the execution of multiple life sentences. Courts are precluded from ordering consecutive life sentences. Convicts serving multiple life sentences will have each sentence treated distinctly for the purpose of remission. Counsel must confirm the applicable procedural code (BNSS/CrPC) and evidence act (BSA/IEA) for new proceedings.

Read the LiveLaw report