1. yes no remissionis possible without passing of 14 years in the case of convict passing life sentence.

2.The supreme court nowadays even while confirming life sentence passes specific direction of non applicability of any executive remission or reprieve.

The Centre has cautioned state governments against granting remission of life sentence in a "wholesale manner", where either a death sentence has been commuted to life or where life term is given for an offence carrying death penalty

Quoting from a Supreme Court observation that "there is a misconception that a prisoner serving a life sentence has an indefeasible right to release on completion of either 14 years or 20 years imprisonment", the Centre emphasized that the prisoner had no such right

"A convict undergoing life imprisonment is expected to remain in custody till the end of his life, subject to any remission granted by the government under Section 432 of the CrPC which in turn is subject to the procedural checks in that section and the substantive check in Section 433A of the CrPC. Before actually exercising the power of remission under Section 432 of the CrPC, the government must obtain the opinion (with reasons) of the presiding judge of the convicting or confirming court," the ministry advisory said.

The grant of remission is statutory. However, to prevent its arbitrary exercise, the legislature has built in some procedural and substantive checks in the statute. These need to be faithfully enforced, the advisory added.

As per advisory issued by central govt state govts must obtain option of presiding judge of convicting or confirming court before exercising power of remission

article 32 and 161 empowers the president and governor respectively to give pardon, these article are silent about time of exercise of these power in a condition when death penalty is an punishment and what will be the minimum duration of imprisonment. section 433A will apply there and remission cannot be granted unless and until 14 years of imprisonment has been elapsed.

Is it mandatory for State Govt/Central Govt/President/Governor to seek opinion of judiciary before giving their verdict on application of remission?

it is not mandatory [satpal vs state of haryana (2000) 5 scc]

No, remission can be granted to you by the governed, he will just have to take advise of the counsel of ministers and if the investigation has been done by CBI then an NOC will be taken from the Home MInistry, it is a tough procedure but you can go for it.

Regards

There are two things involved in this. One is as per law i.e., invoking the provisions of section and the other is discretion of the President to pardon;

The referred judgment states that 'Section 433A is supreme over the Remission Rules and short-sentencing, statutes made by the various States'

The judgment referred above further states that " Section 432 and section 433 of the Code are not a manifestation of Articles 72 and 161 of the Constitution but a separate, though similar, power and Section 433A, by nullifying wholly or partially, these prior provisions does not violate or detract from the full operation of the constitutional power to pardon, commute and the like.

Imprisonment for life lasts until the last breath and whatever the length of remissions earned, the prisoner can claim release only if the remaining sentence is remitted by Government.

What is the difference between Sec 432 CrpC and Art 32 & 161 of Constitution? Is it mandatory for State Govt/Central Govt/President/Governor to seek opinion of judiciary before giving their verdict on application of remission?

432. Power to suspend or remit sentences.

(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without Conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the. presiding Judge of the Court before or by which the con-

viction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted is, In the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

The power under Articles 72 and 161 of the Constitution can be exercised by the Central and the State Governments, not by the President or Governor on their own.

The advice of the appropriate Government binds the Head of the State. No separate order for each individual case is necessary but any general order made must be clear enough to identify the group of cases and indicate the application of mind to the whole group.