Remission not only constitutional right but statutory too: SC

New Delhi: The Supreme Court on Tuesday said that the right to seek remission of convicts -- sentenced to life imprisonment for the rest of their lives in gang-rape cases involving minors -- was not only a constitutional right but also a statutory one.

"The right to seek remission is not only a constitutional right under Articles 72 and 161 but also a statutory right. Each state has its own remission policy, which applies even when the sentence is imposed under Section 376DA or Section 376DB," a bench of Justices B V Nagarathna and Justice R Mahadevan said.

The court was hearing a plea challenging the constitutional validity of Section 376DA or 376DB (Gangrape of a girl below 16 years), of the erstwhile Indian Penal Code (IPC).

The court also emphasised that even when a convict is sentenced to life imprisonment for the rest of their natural life under Sections 376DA or 376DB, the individual retains the right to seek remission.

The court, however, did not pass any order on the broader legal challenge to the prescription of a sole type of punishment under Section 376DA.

While keeping the question of law open to be argued in an appropriate case, the top court disposed of the petition.

During the course of the hearing, the Centre supported the constitutional validity of Section 376DA.