Only Constitutional Courts Can Impose Life Imprisonment Without Remission: Supreme Court

PTI, NEW DELHI, DEC 18, 2025: The Supreme Court on Thursday held that the power to impose a punishment of life imprisonment without remission is conferred only on constitutional courts and not on sessions courts. A bench of Justices Ahsanuddin Amanullah and K Vinod Chandran said life imprisonment given to an accused would be for the rest of their life, and the power to grant remission and commutation cannot be curtailed by the sessions court.

"The sentence of life imprisonment cannot be directed to be till the end of natural life, by the sessions court, which direction would be in conflict with the provisions of the CrPC," the bench said.

The power of remission or commutation conferred on the State cannot be taken away, and the sentence as awarded by the trial court and confirmed by the High Court for the offence under Section 302 of the Indian Penal Code, 1860, is confirmed as imprisonment for life," the bench added.

The top court was hearing a case in which a man had torched to death a widow after she refused his sexual advances. The trial court had awarded life imprisonment till the remainder of life and prohibited the benefit of remission.

The apex court had issued notice limited to the question of whether the trial court was correct in imposing life imprisonment, meaning that it would be till the end of his natural life, and directing the accused to not be granted the benefit of remission under Section 428 of the Code of Criminal Procedure, 1973.