Bharatiya Nagarik Suraksha Sanhita, 2023
Section 475
Restriction on powers of remission or commutation in certain cases
Notwithstanding anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 474 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.
Why this exists
Without this rule, a 'life imprisonment' sentence could, in theory, be shortened dramatically through ordinary remission soon after conviction, undermining the seriousness of the punishment for the most severe category of offences. This section sets a hard floor of actual custody time before any remission can even be considered for release, for the gravest cases.
How courts read it
The Supreme Court's Constitution Bench in Union of India v. V. Sriharan @ Murugan (2016) clarified that this 14-year minimum (earlier under Section 433A of the CrPC) is only the threshold before a remission application can even be entertained — it does not create any automatic right to release after 14 years, and governments can validly impose longer minimum actual-imprisonment conditions in appropriate, serious cases.
Common misconceptions
- Myth: After serving 14 years, a life-sentence convict in this category is automatically released.
Fact: 14 years is only the minimum before remission can even be considered — actual release is not automatic and still depends on a further decision by the government.