Team  SoOLEGAL

“Life Sentence cannot be commuted without Consent of Central Government under Section 435 Cr.P.C.”

Team SoOLEGAL 6 Feb 2021 3:22pm

“Life Sentence cannot be commuted without Consent of Central Government under Section 435 Cr.P.C.”

Delhi High Court on 25th January, 2021 in the case [1]KARTIK SUBRAMANIAM vs UNION OF INDIA & ANR. stated that the Central Government’s consent stands mandatory for premature release of a prisoner under Section 354 of Cr.P.C.

The bench said that in the case of [2]Union of India vs V Sriharan @ Murugan & ors., Supreme Court of India used the term “consultation” to mean “consent”. The bench further said that Section 435 of Cr.P.C. was hardly interpreted by the Supreme Court but no law was set differentiating from the enactment of the Parliament. A statute, when interpreted does not become operative from the date of interpretation. It only comes into force after enactment.

The petitioner stated that before 12th July, 2015 when the Supreme Court used the term “consultation” as “consent”, both the words had different meanings under Section 435 of Cr.P.C. The petitioner also said that Central Government’s consent should not be mandatory for premature release of a prisoner.

Court said that after the Supreme Court’s decision in the case Union of India v. Sriharan, no policy was changed and mentioned that the Centre’s consent is very necessary to release a prisoner on premature terms.



Tagged: Central Government   Delhi High Court   Supreme Court of India  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.