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Sendhaji Mathurji and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1981)22GLR451

imprisonment for life awarded to them under Section 302, Indian Penal Code. They have earned remissions under the Prisons Act, 1894, and the Bombay Rules made thereunder. They contend that even though each one of them has served jail … examine the nature of remissions which a prisoner earns. It is necessary in this context to turn to Section 57 of the Indian Penal Code which provides as follows:In calculating fractions of terms of punishment, imprisonment for life

Ashok Kumar Alias Golu Vs. Union of India and Others

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 32, 72, 141, 161, 245 and 246; Code of Criminal Procedure (CrPC) - Sections 401, 428, 432 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958; Indian Penal Code (IPC), 1860 - Sections 40, 45, 53A, 54, 55, 57, 65, 116, 119, 120, 302, 303, 305, 307, 396 and 511; Indian Penal Code (Amendment) 1978; Orissa Agricultural Income-tax (Amendment) Act, 1950; Orissa Estates Abolition Act, 1952; Prisons Act, 1894; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : AIR1991SC1792; 1991CriLJ2483; JT1991(3)SC46; 1991(2)SCALE17; (1991)3SCC498; [1991]2SCR858

based on the Bombay Rules governing the remission system framed in virtue of the provisions contained in the Prisons Act, 1894. This Court pointed out that the Prisons Act did not confer on any authority a power to commute … and at the same time recommended deletion of Section 303, I.P.C. It also recommended substitution of the existing Section 57, I.P.C., by a totally new section, the proviso whereto has relevance. The proposed proviso was as under:Provided that

Gopal Vinayak Godse Vs. the State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 32; Explosive Substances Act - Sections 3, 4 and 5; Indian Penal Code (IPC), 1860 - Sections 53, 53A, 55, 57, 58, 109 and 302; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955 - Sections 401 and 402(1); Prisons Act, 1894; Code of Criminal Procedure (CrPC) (Amendment) Act, 1954

Reported in : AIR1961SC600; (1961)63BOMLR517; 1961CriLJ736a; [1961]3SCR440

date of his final release.' 15. It is common case that the said rules were made under the Prisons Act, 1894, and that they have statutory force. But the Prisons Act does not confer on any authority a power … as one of not more than twenty years, or that the convict is necessarily entitled to remission.' 9. Section 57 of the Indian Penal Code has no real bearing on the question raised before us. For calculating fractions

State of Haryana and ors. Vs. Jagdish and Harpal

Court : Supreme Court of India

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 59; Criminal Procedure (Amendment) Act, 1955; West Bengal Correctional Services Act, 1992; State Re-organisation Act; Prison Rules; Rajasthan Prisons (Shortening of Sentences) Rules, 1958 - Rules 20 and 21; Code of Criminal Procedure (CrPC) - Sections 401, 432, 432(1), 433 and 433A; Indian Penal Code (IPC) - Sections 53A, 54, 55, 57, 302, 148 and 149; Constitution of India - Articles 20, 20(1), 21, 72 and 161

Reported in : 2010(2)SCALE302

the conditions contained in subsequent policies being more stringent cannot be enforced against the 'lifer'. Provisions of the Prisons Act, 1894 (hereinafter called as `Act 1894') and rules framed under it create legal right in favour of the convict. … there being a formal remission by the Appropriate Government. The contention that having regard to the provisions of Section 57 IPC, a prisoner was entitled to be released on completing 20 years of imprisonment under the West Bengal

Lakkhi and Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 59(5); Explosive Substances Act, 1908; Indian Penal Code (IPC), 1860 - Sections 53, 55, 55A, 57, 302 and 511; Code of Criminal Procedure (CrPC) - Sections 428, 432, 433 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958 - Rules 7 8, 9, 10 and 12; Rajasthan Prisoners Release on Parole Rules, 1958 - Rules 3, 9, 10A and 15; Constitution of India - Articles 72 and 161

Reported in : 1996CriLJ2965; 1996(2)WLC613

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 … 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

Life Convict Bengal @ Khoka @ Prasanta Sen Vs. B.K. Srivastava and Oth ...

Court : Supreme Court of India

Subject : Criminal

Acts : West Bengal Act - Section 2(c); Constitution of India - Article 32; Indian Penal Code (IPC) - Section 57

of the convicted person's natural life.”“7. It is common case that the said rules were made under the Prisons Act, 1894 and that they have statutory force. But the Prisons Act does not confer on any authority a power … presence in jail is needed with reference to any other case.9) After going into the relevant provisions, viz., Section 57 of the Indian Penal Code, 1860 (in short “IPC”), Sections 2(c) and 61 of the W.B. Act as

Life Convict Bengal@khoka@ Prasanta Sen Vs. B.K. Srivastava and ors.

Court : Supreme Court of India

Subject : Education

of the convicted person's natural life.”“7. It is common case that the said rules were made under the Prisons Act, 1894 and that they have statutory force. But the Prisons Act does not confer on any authority a power … in jail is needed with reference to any other case. 9) After going into the relevant provisions, viz., Section 57 of the Indian Penal Code, 1860 (in short “IPC”), Sections 2(c) and 61 of the W.B. Act as

Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 29, 30, 30(2), 45, 46, 46(6), 46(7) 46(8), 46(10), 47, 50, 56, 57, 59, 60 and 66; Maintenance of Security Act, 1971 - Sections 3; Constitution of India - Articles 11, 14, 19, 19(1), 19(2) to (6), 20, 20(2), 21, 32, 39A, 42, 72, 132, 134, 136, 161 and 217 - ; Code of Criminal Procedure (CrPC) - +, 1898 - Sections 366, 366(1), 366(2) 395, 401, 415, 433, 434 and 435; Indian Penal Code (IPC), 1860 - Sections 53, 63, 73, 74, 303 and 379; Punjab Jail Rules; Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1971; Larceny Act, 1861

Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557

Prison Administration resists judicial action, in intra-mural matters as forbidden ground, relying on Sections 30 and 56 of Prisons Act, 1894 (the Act, hereafter). The Petitioners invoke Articles 14, 21 (and 19, in the case of Batra) of the … retained in iron for more than three months except with the special sanction of the Inspector General (See Section 57). The rules also take a horrifying view of the trauma of fetters.175. The power to confine in iron

State of Uttar Pradesh Vs. Sat NaraIn and ors.

Court : Allahabad

Subject : Criminal

Acts : Criminal Law Amendment Act, 1952 - Sections 6, 6(1) and 7(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 9 and 9(2); Constitution of India - Article 245; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1959All218; 1959CriLJ409

Penal Code, Section 5 (2) of the Prevention of Corruption Act, 1947 (Act II of 1947), Section 42 Prisons Act, 1894 and under Section 109/34, Indian Penal 'Code.'Thereafter, the State Government made another notification dated 3-1-1958, and this was

State Vs. Santokh Singh

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1956CriLJ619

difference between a 'Prison' and a 'Police lock-up'. In my opinion, he is again mistaken. Section 3(1)(a), Indian Prisons Act, 1894 (Act No. 9 of 1894), which has been made applicable to Madhya Bharat State by virtue of the … 29 deals with prisoners who are given solitary confinement, and Section 30 with those under sentence of death. Section 57 states that prisoners under sentence of transportation will be confined in fetters for the first three months.Obviously the