Convict on lifer not legally entitled to release after 20 years in jail, says Karnataka High Court

The convict and two others were awarded death penalty for kidnapping and murder of two children, which was later modified to life sentence.

Bengaluru: A convict serving life sentence has no enforceable legal right to release upon completion of 20 years in jail, the Karnataka high court has ruled in a recent judgement.

“The question of remission or premature release lies within the exclusive domain of the appropriate Government under the applicable statutory provisions and policy,” Justice Suraj Govindaraj said while dismissing the petition filed by Kishan, a resident of Bengaluru, serving life sentence in Mysuru prison.

The petitioner along with two others were awarded death penalty by an Additional City Civil and Sessions Court, Bengaluru for kidnapping and murder of two children. In the appeal proceedings concluded in 2013, the high court modified the death penalty and awarded life imprisonment with a specific direction that accused must serve the life sentence and should be in jail in terms of IPC section 57 without any commutation of sentence after completion of 14 years in jail.

Having served 20 years in prison, as on January 15, 2025, Kishan claimed that in terms of IPC section 57, he is entitled to the benefit of remission. After examining the provision, Justice Suraj Govindaraj noted that section 57 does not mandate or authorise release of a life convict after twenty years.

“In the absence of a specific judicial direction restricting the duration of the sentence, the sentence of life imprisonment imposed on the petitioner must be understood as imprisonment for the remainder of his natural life, subject to commutation or remission in accordance with law,” Justice Suraj Govindaraj said.

The court further said that having crossed the minimum threshold of 20 years imprisonment, the petitioner is now eligible to apply for premature release/remission to the government.

“He (petitioner) is accordingly entitled to submit an application for premature release or remission to the appropriate applicable statutory provisions and the State's remission policy. If and when such application is made, the appropriate Government/Sentence Review Board shall consider the same on its individual and case into account a period of actual imprisonment, the conduct of the petitioner, the nature of the offence, the interests of the victims, and the applicable policy,” the court said.