Sessions Courts cannot impose life imprisonment “till natural life” or deny remission
 
Why in news?
In Kiran v. State of Karnataka (decided December 18, 2025), the Supreme Court held that Sessions Courts cannot impose life imprisonment “till natural life” or deny remission. Only constitutional courts—the Supreme Court and High Courts—can issue such directions, while remission powers remain with the executive under Articles 72 and 161.
 

Why This Matters?
Aspect Sessions Court  
Supreme Court / High Court
Executive (Articles 72 & 161)
Conviction Authority Can convict and sentence under IPC/CrPC Can convict and sentence Not applicable
Life Imprisonment Can impose, but subject to remission  
Can impose and restrict remission (e.g., “till natural life”)
Can grant remission/commutation
Remission Powers Cannot curtail statutory remission May restrict remission in rare cases Holds constitutional power to remit/commute sentences
 
Implications for Criminal Justice
  • Checks and Balances: Prevents trial courts from encroaching on executive powers.
  • Uniformity in Sentencing: Ensures that remission remains a statutory right unless curtailed by higher courts.
  • Safeguard for Convicts: Protects against disproportionate sentencing at the trial level.
  • Judicial Discipline: Reinforces that sentencing innovations must come from constitutional courts, not Sessions Courts.
This ruling is a landmark clarification in sentencing law. It balances judicial authority with executive clemency, ensuring that life imprisonment remains subject to remission unless higher courts explicitly rule otherwise.
 

Article 72 and Article 161
Article 72 of the Indian Constitution grants the President pardoning powers, while Article 161 provides similar powers to the Governor of a state. These provisions serve as a merciful check on judicial decisions, allowing clemency in specific cases.Ò€‹

Key Differences
Aspect Article 72 (President) Article 161 (Governor)
Scope Union laws, court-martial, death penalty State laws only
Death Sentence Pardon Full pardon allowed No full pardon; only commute/remit
Court-Martial Cases Applicable Not applicable

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