Remission not only a constitutional right but statutory too: SC

New Delhi: The Supreme Court on Tuesday outlined the right to seek remission of convicts sentenced to life imprisonment for the rest of their lives in gangrape cases involving minors, calling it not only a constitutional right but also a statutory one.

Justices B V Nagarathna and R Mahadevan were dealing with a plea challenging the constitutional validity of Section 376DA of the erstwhile IPC.

Section 376DA deals with the punishment for gangrape on a minor girl under 16 years.

The counsel appearing for an applicant seeking to be impleaded in the case said the expression “shall” in Section 376DA would mean that the sessions court had no other option except impose life imprisonment, meaning a jail term for the remainder of that person’s natural life.

The bench examined two aspects with the first being on the punishment prescribed under the provision that has to be imposed post the sessions court trial and which could be challenged before a high court and the Supreme Court.

“The other aspect of the matter is that even if such a punishment is imposed on an accused, he has the right of remission in accordance with Article 72 or Article 161 of the Constitution of India as the case may be, by making an application for remission before President of India or before Governor of a state,” the bench said.

In addition, the top court said, such an accused also had a statutory remedy to seek remission of the sentence.

“Therefore, the right to seek remission is not only a constitutional right but also a statutory right and each state has its own policy of remission... which is applicable even when the sentence is imposed under section 376DA or for that matter section 376DB of the IPC,” the bench said.