What does Section 433A CrPC say for life convicts?

A life convict must complete at least 14 years of actual imprisonment before being considered for release under remission, unless constitutional clemency is granted.

Do prison remission rules automatically release a lifer?

No. Remission earned under prison rules does not by itself lead to release if Section 433A applies. Actual 14 years must be served first.

Can Articles 72 and 161 override Section 433A?

Yes. The President or Governor, acting on ministerial advice, may grant clemency under Articles 72/161, which prevails over Section 433A.

Was the petitioner released in this case?

No. The petitioner had not completed 14 years of actual imprisonment, so the plea for premature release was rejected.

Do the guidelines apply beyond this case?

Yes. The ruling clarifies how Section 433A interacts with remission rules and constitutional clemency for all similar cases.

Ashok Kumar Alias Golu v. Union of India (1986)

Supreme Court of India Published: 26-Nov-2024 Year: 1986 CrPC §433A • Remission 6–7 min read India

Author: Gulzar Hashmi Bench: A.M. Ahmadi, P.B. Sawant, S.C. Agarwal (3-Judge)

Quick Summary

This case explains how Section 433A CrPC works for life convicts. The Court said: remission under prison rules does not mean early exit if the convict has not completed 14 years of actual jail time. However, the constitutional clemency powers under Articles 72 and 161 can still override and allow release in suitable cases.

Sentencing Life Imprisonment Remission & Clemency

Issues

Does Section 433A CrPC stop release before 14 years of actual imprisonment for a life convict?
Do Articles 72/161 (President/Governor) override Section 433A and prison remission rules?
Can a prisoner rely on older state remission rules to seek earlier release?

Rules (Easy English)

Section 433A CrPC

If a person is sentenced to life imprisonment for certain serious crimes, release under remission cannot be considered till 14 years of actual jail are completed.
Remission earned does not equal automatic release while 433A applies.

Articles 72 & 161 (Constitution)

President (Art. 72) and Governor (Art. 161) can grant pardon, commute or remit sentences.
These constitutional powers override Section 433A and statutory remission rules.

Facts (Timeline)

Timeline for Ashok Kumar Alias Golu case

20 Dec 1978: Petitioner convicted of murder by the Sessions Court; sentenced to life imprisonment.

After conviction: Appeal dismissed by the Rajasthan High Court.

Writ for release: Petitioner sought premature release under the Rajasthan Prisons (Shortening of Sentences) Rules, 1958, despite new Section 433A added shortly before his conviction.

Core grievance: 1958 Rules allowed consideration after about 9y 3m actual with remissions totalling 14 years; Section 433A required 14 years actual before consideration.

Arguments

Petitioner (Convict)

Should be considered for release per 1958 Rules, even after Section 433A came in.
Claims denial of remission-based consideration is unfair and ignores earlier framework.

State/Union

Section 433A governs: no consideration for release before 14 years actual.
Prison remission rules are subordinate and cannot override the Code.

Judgment

The Supreme Court dismissed the petition. The Court held that a life convict cannot claim release only on the basis of remission rules if 14 years of actual imprisonment are not completed, because Section 433A CrPC controls. However, the President/Governor may still grant clemency under Articles 72/161.

Core Holdings

Remission under prison rules does not ensure release before 14 years of actual custody.
433A applies despite earlier state rules; those rules are only guidelines for the executive.

Constitutional Override

Articles 72/161 stand above 433A/432 and IPC 54/55.
To be exercised by President/Governor on Council of Ministers’ advice.

Ratio (Reason for Decision)

Statute first, remission next. Section 433A fixes a minimum actual custody of 14 years for certain lifers. Prison remission rules cannot override this. Only constitutional clemency can shorten it.

Why It Matters

Sets a clear 14-year baseline for life convicts under 433A.
Separates executive clemency from statutory remission.
Gives uniform guidance to prisons and courts across India.

Key Takeaways

14 Years Actual

A lifer must complete 14 years in prison before remission-based release is considered.

Rules vs Law

Prison rules guide the executive; they cannot defeat Section 433A.

Clemency Window

Articles 72/161 can still shorten time, if the executive chooses.

Mnemonic + 3-Step Hook

Mnemonic: “Fourteen → Then Seen”

Fourteen – Actual 14 years first under 433A.
Then – Consider remission/executive rules.
Seen – Clemency (Arts. 72/161) can still be seen as a separate route.

IRAC Outline

Issue	Can a life convict be released under remission before completing 14 years of actual imprisonment in light of Section 433A?
Rule	Section 433A requires 14 years’ actual custody for specified lifers; constitutional clemency can override.
Application	Petitioner relied on state remission rules, but those cannot defeat the statutory mandate of 433A.
Conclusion	Petition dismissed; not eligible for release as 14 years actual imprisonment not completed.

Glossary

Remission: Reduction of sentence by rules/executive policy; does not always mean immediate release.
Clemency: Pardon/commutation/remission by President or Governor under the Constitution.
Life Imprisonment: Sentence to remain in prison for life unless lawfully remitted/commuted.

FAQs

It requires at least 14 years of actual imprisonment for certain life convicts before remission-based release is considered.

No. If Section 433A applies, remission does not lead to release before 14 years are actually served.

Constitutional clemency by the President or Governor can override Section 433A, subject to ministerial advice.

Petition was dismissed. He had not completed 14 years of actual imprisonment, so premature release was not allowed.

Not at all. They guide the executive on remission after legal limits (like 433A) are met. They cannot defeat the statute.

Meta & Publishing Fields

CASE_TITLE	Ashok Kumar Alias Golu v. Union of India (1986)
PRIMARY_KEYWORDS	Section 433A CrPC; life imprisonment; remission; Articles 72 & 161
SECONDARY_KEYWORDS	premature release; prison rules; constitutional clemency; Section 432
PUBLISH_DATE	26-Nov-2024