Whether remission can be granted to those sentenced to life for gang-rape of minor girls? :- SC

Last Updated on September 13, 2023 by News Desk

Written By: – Shianjany Pradhan

The supreme court recently said that if there is a provision of law that bars the grant of remission to convicts sentenced to life imprisonment for the offense of gang rape of girls below 12 years, can be interpreted by courts to allow such a remission.

Issue: – A petition was filed challenging the validity of section 376DB

Section 376DB of the IPC has prescribed a punishment of life imprisonment for the rest of the natural life without any remission, which is the minimum, where gang rape of girls under 12 years of age.

The bench of justices Abhay S. Oka and Pankaj Mithal said that if a remission is a violation of the law, then it will be a direct violation of the statute.

The petitioner in the case was a convict under the sentence of life imprisonment without any remission.

This provision was introduced in response to the Nirbhaya case but since then it has been alleged to be video.

The petitioner even cited various cases, where people convicted of similar convicts were commuted by the court.

When the matter was being heard, the attorney general who was representing the central government, such points will be considered as the new penal code is being discussed by the parliament.

However, the court said that the old penal code will hold relevance till the time a new penal code comes into the picture.