Explain the provisions in relation to punishment under the Indian Penal Code 1860 from Section 53 to 55A of IPC.

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                                             CHAPTER III [ OF PUNISHMENTS ]

 Section 53 to 75 of Indian Penal Code 1860 deals with  the provisions in relation to punishment under the Indian Penal Code 1860. 

Let us watch the first video on our blog to understand Section 53 of Indian Penal Code 1860.

Section 53: “Punishments” :- The punishments to which offenders are liable under the provisions of this Code are:-

•Firstly – Death;

•Secondly – Imprisonment for life;

•Thirdly- Omitted by Act 17 of 1949 ( w.e.f. 6-4-1949);

•Fourthly – Imprisonment, which is of two descriptions, namely :-

1. Rigorous, that is , with hard labour;

2. Simple.

•Fifthly.- Forfeiture of property.

•Sixthly.- Fine.

Death Penalty under the Indian Penal Code:

It was held by the Supreme Court of India in Kishori Vs. State of Delhi 1999 Cr.L.J. 584 ( SC) that death

sentence can be imposed in the rarest of the rare cases.

Life Imprisonment

•Life Imprisonment means a sentence for the entire remaining life of the accused unless the sentence

is remitted by the appropriate government either in whole or in part.

• A Life Sentence does not automatically expire at the end of 20 years. [ Zahid Hussain Vs. State of

West Bengal 2001 Cri. L.J. 315]

•The State where the prisoner has been convicted and sentenced alone has the power to remit the

sentence.

•In Bishan Singh Vs. State of Punjab 1983 Cr.L.J. 973 (SC) the Supreme Court held that having regard

to particular facts and circumstances of the case, if the case cannot be termed as rarest of rare cases, then death sentence imposed on the accused may be commuted to imprisonment for life.

Rigorous Imprisonment

 In State of Gujarat Vs. Hon’ble High Court of Gujarat AIR 1998 SC 3164 it was held by the SC that

imposition of hard labour on prisoners was legal and it can not be equated with ‘begar’ or other

similar forms of ‘forced labour’ and there is no violation of clause (1) of Article 23 of the Constitution. 

Transportation for Life or for a term

•Transportation means transporting a criminal beyond the seas.

•Before the introduction of Section 53A in the Indian Penal Code 1860  it was a punishment which was

lesser grave than the punishment of  death and this punishment was inflicted during the British Rule in

India.

•During the British Rule in India the offenders who were awarded transportation were generally sent

to the Andaman Nicobar Islands.

•The practice of transporting criminals had been defended by the criminologists because it eliminated

those criminals from the population who were beyond reformation.

•This Punishment was in practice in England to send dangerous Criminals to the United States and

Australia during 18th and 19th century.

•But it is very important to note here that this form of punishment had been proved a big failure

wherever it had been tried.

•In England this form of punishment was abolished in the year 1854 whereas in India this form of

punishment had been Omitted by Act 17 of 1949 ( w.e.f. 06/04/1949).

•In Indian Penal Code Section 53A has been inserted to make it clear that w.e.f. 01/01/1956

transportation for life has been substituted as  imprisonment for life under any other law now in force

in India or under any instrument or order having effect by virtue of any law which has been repealed in

India.

•It has also been made clear by this Section that in case any transportation for a term  has been passed

by the court before the commencement of Code of Criminal Procedure (Amendment) Act 1955 then

the offender shall be dealt with in the same manner as if he had been sentenced to rigorous

imprisonment for the same term.

Section 53A. Construction of references to transportation :

1) Subject to the provisions of sub- section (2)  and sub-section (3), any reference to “transportation

for life” in any other law for the time being  in force or in any instrument or order having effect by

virtue of any such law or of any enactment repealed shall be construed as a reference to 

“imprisonment for life.”

2) In every case in which a sentence of transportation for a term has been passed before the

commencement of the Code of Criminal Procedure ( Amendment) Act 1955, the offender shall be

dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.

3) Any reference to transportation for a term or to transportation for any shorter term ( by whatever

name called) in any other law for the time being in force shall be deemed to have been omitted.

4) Any reference to “transportation” in any other law for the time being in force shall,-

a. if the expression means transportation for life, be construed as a reference to imprisonment for life;

b. if the expression means transportation for any shorter term, be deemed to have been omitted.

In Gopal Vinayak Godse Vs. State of Maharashtra AIR 1961 SC 602 it was held by the SC that a person

sentenced to transportation for life or any other term, before the enactment of Section 53-A was to be

treated as a person sentenced to rigorous imprisonment for life or for a lesser period as the case might

be.

Section 54. Commutation of sentence of death.- In every case in which sentence of death shall be

passed, the appropriate Government may, without the consent of the offender, commute the

punishment for any other punishment provided by this code.

Section 55. Commutation of sentence of imprisonment for life.- In every case in which sentence of

imprisonment for life shall have been passed, the appropriate Government may, without the consent

of the offender, commute the punishment for imprisonment of either description for a term not

exceeding 14 years.     

Section 55-A Definition of “appropriate Government”- In Sections 54 and 55 the expression

‘appropriate government’ means-

a. in cases where the sentence is a sentence of death or is for an offence against any law relating to a

matter to which the executive power of the Union extends, the Central Government; and

b. in cases where the sentence ( whether of death or not), is for an offence against any law relating to

a matter to which the executive power of the State extends, the Government of the State within

which the offender is sentenced.

                                                                  

 Section 54 of Indian Penal Code 1860 empowers the appropriate Government i.e. the Central

Government in case of an offence committed in the Union territories and the State Governments

in the case of an offence committed in the States, to commute the sentence of death to any

other punishment provided under the IPC.

The similar provisions are laid down under section 433 and 433A of the Code of Criminal

Procedure 1973 as are contained under the provisions of Section 54 and 55 of IPC which empowers the appropriate Government ( Central or State) to commute, suspend or remit sentences passed by the courts. 

It is very important to note here that Courts can not commute the sentence once it is accorded

by the courts of law.

It is only appropriate Government that is empowered to commute the sentence of death and life

imprisonment under section 54 and 55 read with Section 433 and 433A of Cr.P.C. respectively.

However there is an exception to this general rule which is laid down under section 416 of Cr.P.C.

that empowers the High Court in case of a pregnant woman to commute the sentence of death to imprisonment for life or postpone its execution until such time as it deems fit.

Section 416 of Cr.P.C. provides as, “ If a woman sentenced to death is found to be pregnant, the

High Court shall order the execution of the sentence to the postponed and may if it thinks fit,commute the sentence to imprisonment for life.”

The Supreme Court of India in Triveniben Vs. State of Gujarat AIR 1989 SC 142 held that the

prolonged delay in execution of death sentence does not automatically entitled the accused to a

lesser sentence of life imprisonment.