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Supreme Court of India 2019-04-22 allowed

State of Rajasthan and Others vs Mukesh Sharma

Bench: 2 — Navin Sinha

In Brief

The State of Rajasthan challenged a High Court order striking down Rule 8(2)(i) of the Rajasthan Prisons Rules, 2006, which required prisoners serving life sentences to earn a minimum of four years of remission after completing 14 years of imprisonment before being considered for early release. The Supreme Court held that life imprisonment means imprisonment for a person's entire natural life, and remission is a matter of State grace, not a prisoner's right. The Court ruled the rule valid and consistent with Section 433-A of the Criminal Procedure Code, which prescribes only a minimum threshold. The Court also held that the requirement to lay rules before the Legislature is directory, not mandatory, and non-compliance does not invalidate the rules. Appeals allowed.

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Criminal Law Prison Administration Remission Policy Life Imprisonment Constitutional Law Administrative Law Subordinate Legislation

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