Life imprisonment means imprisonment for the entire life of the convicted person and does not expire automatically after 20 years, including remission. The appropriate Government has the power to commute the sentence of life imprisonment to a term not exceeding 14 years, and prisoners serving life sentences are eligible for premature release and parole subject to certain conditions and restrictions specified in the relevant rules and regulations.

Mohini Kapur, J.-A number of habeas corpus petitions come up before this Court from time to time for purposes of reduction/commutation of sentences and release on parole/premature release by prisoners undergoing life imprisonment. There is a common belief in some quarters that life imprisonment means imprisonment for 14 years or imprisonment for 20 years and after this period the convict should be released automatically. Looking to the importance of the questions which arise in various habeas corpus petitions, the following questions were framed and advocates were also invited to assist the Court in answering these questions :

1. What is the maximum period of imprisonment which has to be undergone by a person sentenced to life imprisonment? This has to be decided in view of the Rules framed by the State of Rajasthan;

2. After how many years of the actual imprisonment or imprisonment including remission is a convict

undergoing sentence of imprisonment for life eligible for being considered for pre-mature release? Apart from the provisions of Code of Criminal Procedure, Indian Penal Code and Constitution of India, the-other relevant statutes and rules can be said to be the Prisons Act, 1894 (Act No. 9). The Rajasthan Prisons Rules, 1958, the Rajasthan Prisons (Shortening of Sentences) Rules, 1958 (hereinafter referred to as ‘the shortening of sentence Rules’) and the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as “the Parole Rules’).

2. Section 53 of the IPC provides for the punishments to which the offenders are liable under the Act and one of the punishments is imprisonment for life. Earlier, one of the modes of punishment was transportation for life but this has now been omitted and it has been provided that reference to transportation to life shall be construed as imprisonment for life. Section 57 of the IPC provides that in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years. On account of this provision it is generally believed that the sentence of life imprisonment means imprisonment for twenty years. However, this is not so. This provision is applicable only for the purposes of calculating the fractions of terms of punishment. For example Section 511, IPC provides for punishment for attempt to commit offence punishable by imprisonment for life or other imprisonment, and where no express provision is made by the Code, for the punishment of such attempt, the accused may be punished for a term which, may extend to one half of the imprisonment for life or as the case may be half of the longest term of imprisonment provided for that offence. The scope of Section 57, IPC is limited to calculation of fractions of terms of imprisonment and only while calculating fractions life imprisonment is to be reckoned as equivalent to imprisonment of twenty years. Life imprisonment docs not mean imprisonment for twenty years for all purposes.

3. Section 55, IPC provides that in every case in which sentence of imprisonment for life shall have been passed the appropriate Government may. without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. This section empowers the appropriate Government (defined in Section 55 A, IPC) to commute the sentence of imprisonment of life. A right has been conferred on the Govt. the exercise of which is discretionary. This provision does not mean that life imprisonment is imprisonment for fourteen years, and a prisoner is to be automatically released after fourteen years of imprisonment. It is for the appropriate Government to commute the sentence and for this purpose Rules have been framed by the State Government.

4. Theappropriate Government has power under Sections 432 and 433, CrPC to suspend or remit or commute the sentence while Section 433A, CrPC imposes restrictions on the powers of remission or commutati