‘Jail Manual can’t override provisions of IPC, RPC’
Recommends scrapping of conflicting Rule to avoid confusion
Mohinder Verma
JAMMU, Sept 24: Stating that Manual for Superintendence and Management of the Jails in Jammu and Kashmir cannot override the provisions of Indian Penal Code and Ranbir Penal Code, the State Law Commission headed by Justice (Retd) M K Hanjura has recommended scrapping of conflicting Rule, which describes life imprisonment as sentence for 20 years only.
The State Law Commission recently examined the provisions of the Manual for the Superintendence and Management of the Jails in Jammu and Kashmir in the light of certain petitions filed before the State High Court and noticed that two chapters run contrary to the provisions of the Indian Penal Code and Ranbir Penal Code.
Rule 2.25 of Chapter 2 of the Jail Manual read: “Life means the life of a human being unless the contrary appears from the context” while as Rule 21.2 of Chapter 21 read: “For the purpose of execution, a sentence of imprisonment for life shall mean a sentence for 20 years”.
Stating that Chapters 2 and 21 create a conflict in understanding the proper connotation of the term “life imprisonment” awarded to a person for the commission of an offence, the Law Commission said, “as per Section 45 of the Indian Penal Code (IPC) life denotes the life of a human being unless the contrary appears from the context”.
“While examining the scope and application of Section 45 of the IPC the irresistible conclusion that can be drawn is that life imprisonment means imprisonment for life and it doesn’t automatically come to an end without any order from the competent authority”, the Law Commission said, adding “it is not subject to any other interpretation and the Jail Manual cannot override the provisions of Section 45 of the Indian Penal Code or Section 45 of the Ranbir Penal Code”.
“Not only this, there are catena of judicial precedents evolved by various High Courts and the Apex Court of the country wherein this position has been made emphatically clear by holding that life imprisonment means the life of a person”, Justice Hanjura has mentioned in the report submitted to the Chief Secretary BVR Subrahmanyam.
Quoting several judgments of High Courts of J&K and Allahabad and Apex Court of the country, the Law Commission said, “the Prisons Rules are made under the Prisons Act and the Prisons Act by itself doesn’t confer any authority or power to commute or remit sentence. It only provides for the regulation of the prisons and for the terms of the prisoners confined therein”.
“Since Chapters 2 and 21 run in conflict with each other, some petitions have been moved in the High Court of J&K to canvass that life imprisonment awarded to a convict ceases to operate automatically after a period of 20 years which appears to be a misnomer when tested on the touchstone of Section 45 of the Indian Penal Code or Section 45 of the Ranbir Penal Code”, the Law Commission has mentioned in the report.
Stating that Jail Manual has compounded the confusion in understanding the scope and meaning of the term “life imprisonment”, which for all purposes and as per the dictums of law means the life of a person, the Law Commission has stressed that Jail Manual is required to be revamped and relooked in the context of other provisions also which needs to be done at the appropriate time.
“Remission or commutation of the sentence is a different issue which can be addressed to by the Government in accordance with the law more particularly under Sections 432, 433 and 433-A of the Code of Criminal Procedure”, Justice Hanjura said, adding “even the Constitution of India doesn’t provide or emphasize anywhere that the sentence of life imprisonment has to be reckoned and calculated at 20 years or any other spell of years”.
“Therefore, life imprisonment awarded to a person who has been proved guilty for the commission of an offence connotes and conveys that he has to remain in jail till such time that he dies subject to the power of remission or commutation of the sentence by the Government”, the Commission has observed in the report.
Accordingly, the Commission has recommended that Rule 21.2 of Chapter 21 of the Manual for the Superintendence and Management of the Jails in Jammu and Kashmir may be scrapped/ repealed.
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