Section 433A – A Restriction Against The Release From Life Imprisonment - Synopsis
Karandeep Singh 23 Nov 2020

Section 433A – A Restriction Against The Release From Life Imprisonment

In Satish @Sabbe vs. The State of Uttar Pradesh, Trial Court convicted 2 accused for kidnapping under Section 364A of The Indian Penal Code, 1860 and Section 25 of Arms Act for life imprisonment and fine. Later, Section 25 of Arms Act was set aside by The High Court.

Different Special Leave Petitions (SLP) have been filed by both for acquittal was rejected by the court for which counsel argued to overlooked the grounds of ‘antecedents’ and ‘conduct in prison’. The Apex Court analyze, Article 72 and 161 of The Indian Constitution (powers of The President and Governor of State to suspend, remit or commute) along with Section 432 of The Code of Criminal Procedure (CrPC), 1982 which laid down the procedures and pre-conditions for release, the only restriction is of Section 433A of CrPC that ‘no release to accused be awarded in life imprisonment before completing 14 years’.

The apex court as per above stated contentions held that Special Leave Petitions are disposed of with a direction that the petitioners be released on probation in terms of Section 2 of the UP Prisoners Release on Probation Act, 1938 within a period of two weeks.


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