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Mrs. Surekha W/O Bibhishan Magar Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 28, 393 and 433; Indian Penal Code (IPC), 1860 - Sections 54 and 302

Reported in : 1996(1)BomCR318; (1995)97BOMLR448

and as such he is required to undergo imprisonment for a period of 30 years.6. Section 54 of the Indian Penal Code, 1860, provides for the commutation of sentence of death. The said section 54 reads that in every case in … offender, commute the punishment for any other punishment provided by this Code. We also find similar provisions in section 433 of the Code of Criminal Procedure, 1973. Under the said section, the appropriate Government has power, without the

State (Govt. of Nct of Delhi) Vs. Prem Raj

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 306, 360, 428, 432, 432(1) to 432(4), 433 and 433A; Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Code of Criminal Procedure (CrPC) , 1889 - Sections 401, 401(1) to 401(4), 401(4A), 401(5), 401(6), 402(1), 402, 402(3), 402(3), 402(7) and 402A; ;Constitution of India, 1950 - Articles 72, 72(1) and 161; Government of India Act, 1935 - Sections 295(1) and 295(2); Criminal Justice Act, 1948 - Sections 69; ;Indian Penal Code (IPC), 1860 - Sections 54, 55 and 55A

Reported in : 2003(2)ALD(Cri)701; 2003(2)ALT(Cri)259; 2003(3)BLJR1959; 105(2003)DLT1013(SC); 2003(71)DRJ137; JT2003(8)SC17; 2003(6)SCALE97; (2003)7SCC121

fine. It may be pointed out that this provision is similar to the provision in Section 55 of the Indian Penal Code, 1860 (in short the 'IPC'). The power to commute a sentence of death is independent of Section 433A. The … is whether the High Court of Delhi acted within the framework of law in exercising power available under Section 433(c) of the Code of Criminal Procedure, 1973 (for she(sic) 'Code').3. Factual position giving rise to the appeal is

D. Rajasekhar Vs. Govt. of Andhra Pradesh, Home Dept.

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Constitution of India - Article 14 and 21; Indian Penal Code (IPC), 1860 - Sections 55; Code of Criminal Procedure (CrPC) , 1973 - Sections 433 and 433A

Reported in : 2004(1)ALD(Cri)894; 2004(3)ALT723

Sections 148, 149 IPC and were sentenced to undergo imprisonment for life. By virtue of Section 55 of the Indian Penal Code, the Government is specifically empowered to commute the sentence of a prisoner undergoing imprisonment for life so as … as a matter of right. This provision has been in existence since 1860 A.D. and it is not a new policy of the Government. It … 14 and 21 of the Constitution of Indiaand also violative of Section 55 of the IndianPenal Code and Section 433(b) of the Codeof Criminal Procedure.2. The petitioner has alleged that there are more than 500 persons all over

Rabi Prakash Awasthi Vs. State of Orissa and ors.

Court : Orissa

Subject : Criminal

Acts : Representation of the People Act, 1951 - Sections 7; Representation of the People (Amendment) Act, 1955; Prisons Act, 1894 - Sections 59(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 306, 428, 432, 432(1), 432(2), 433 and 433A; Indian Penal Code (IPC), 1860 - Sections 54, 55, 302, 304, 307 and 326; Code of Criminal Procedure (CrPC) , 1898 - Sections 401, 401(1), 401(2), 401(3), 401(4), 401(5), 401(6), 401(4A), 401(6), 402(1), 402(2), 402(3) and 402(7); Orissa Jail Manual Rules - Rules 518, 518(1), 518(2), 708, 708A and 709; Prison Rules; Bombay Furlough and Parole Rules, 1959; Constitution of India - Articles 20(1), 72 and 161

Reported in : 87(1999)CLT222; 1998CriLJ3268

Criminal Procedure, 1973 (in short, the 'Code'). Petitioner was convicted for an offence punishable under Section 302 of Indian Penal Code, 1860 (in short 'IPC' ) by the learned Sessions Judge, Sambalpur in S.T. Case No. 70 of 1977 and … challenged the action of the opposite parties in not accepting his prayer for premature release in terms of Section 433 of the Code of Criminal Procedure, 1973 (in short, the 'Code'). Petitioner was convicted for an offence punishable

Ramraj @ Nanhoo @ Bihnu Vs. State of Chhattisgarh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 45, 47, 53A, 57, 201 and 302; Code of Criminal Procedure (CrPC) - Sections 45, 57, 401, 432, 433 and 433A; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955; Prison Act; Prisons Rules; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978 - Sections 433A; West Bengal Correctional Services Act, 1992; West Bengal Jail Code; Constitution of India - Articles 21, 32, 72 and 161

Reported in : AIR2010SC420; JT2009(15)SC170; 2009(14)SCALE533; (2010)1SCC573; 2010(1)LC175(SC)

432, 433 and 433A of Code of Criminal Procedure, 1973 (Cr.PC ) - Sections 45 and 47 of the Indian Penal Code, 1860 (IPC) - Whether the Appellant is entitled to premature release in light of the judicial interpretation of the … life imprisonment and those who were sentenced to death, but the sentence was commuted to life imprisonment under Section 433 Cr.P.C. The Constitution Bench held that Section 302 IPC or other like offence fixes the sentence to be

Nagalingam and Etc. Etc. Vs. the State, by the Inspector of Police, Cr ...

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B, 224, 376, 396, 397, 398, 399, 400, 402, 420, 467, 468, 471, 472, 474, 489A, B and D and 511; Code of Criminal Procedure (CrPC) , 1973 - Sections 433

Reported in : 1996CriLJ3338

All the Criminal Revision Cases shall stand dismissed.13. Revision dismissed. Criminal - remission -Sections 224 and 471 of Indian Penal Code, 1860 and Section 433 of Criminal Procedure Code, 1973 - petitioner pleaded for revision application of certain Government Orders

State of U.P. Vs. Sanjay Kumar.

Court : Karnataka

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 376, 302; Code of Criminal Procedure (CrPC), 1973 - Sections 164, 433(A); Constitution of India - Articles 142, 72, 161

Reported in : 2012(8)SCC537; 2012AIRSCW5157; JT2012(8)175; 2012(8)SCALE3

to sexual assault.C. On the basis of the post-mortem report, the charges under Sections 376 and 302 of Indian Penal Code, 1860 (hereinafter called ‘IPC’), were framed against the respondent, to which he pleaded not guilty and claimed trial.D. After … the victim had been subjected to sexual assault.C. On the basis of the post-mortem report, the charges under Sections 376 and 302 of Indian Penal Code, 1860 (hereinafter called ‘IPC’), were framed against the respondent, to which … clemency power of the sovereign or subject to premature release under Section 433-A Cr.P.C., then the period of sentence so fixed by the court remains

Damji Vs. State of Gujarat and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 432(1) and 433-A; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Indian Penal Code (IPC) - Sections 302

Reported in : JT1987(4)SC70; 1990Supp(1)SCC143

remissions, in the case of the petitioner undergoing imprisonment for life on his conviction under Section 302 of the Indian Penal Code, 1860, subject to his good behaviour and conduct in prison. The impugned order declining to give to the petitioner … disclose any reasons. Presumably, the Government was misled that the case of the petitioner is governed by Section 433-A of the Code. According to the decision of this Court in Maru Ram etc. v. Union of India

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

it fails in its effect on the public. It must, therefore, so long as is part of the Indian Penal Code, be administered, if ever in the most exceptional cases of unparallelled atrocity or brutality.92. The Law Commission of … by the Court; and so tormenting is this sentence that even the socially less sensitive Penal Code of 1860 has interposed, in its cruel tenderness, intervals, maxima and like softening features in both Sections 73 and 74. … 72 and 161 provide for commutation of death sentence even like Sections 433, 434 and 435 Cr.P.C. The rules made under the Prisons Act, taking … 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

The State Of Haryana Vs. Raj Kumar @ Bittu

Court : Supreme Court of India

Subject : Land Acquisition

deals with the convicts who have been imprisoned for life having committed a crime which is defined in the Indian Penal Code, 1860 (IPC) as punishable for life imprisonment but not with death sentence. The cases of such prisoners can be … Criminal Procedure, 19732 in terms of policy dated 13.8.2008, but while strictly adhering to the restrictions imposed under Section 433-A of the Code.2. The learned Single Bench has referred to certain policies circu- lated by the State Government.