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november 1980

Supreme Court of India · 1980-11-11

MARU RAM ETC. ETC. vs UNION OF lNDIA & ANR.

Citation / case number
SC 1979/62775
Court
Supreme Court of India
Petitioner
MARU RAM ETC. ETC.
Respondent
UNION OF lNDIA & ANR.
Bench
CHANDRACHUD, Y.V. ((CJ),BHAGWATI, P.N.,KRISHNAIYER, V.R.,FAZALALI, SYED MURTAZA,KOSHAL, A.D.

Judgment text excerpt

The Supreme Court upheld the constitutionality of Section 433A of the Code of Criminal Procedure, 1973, stating it prescribes a minimum of 14 years of actual imprisonment for life sentences and is supreme over state remission rules. The Court clarified that while remissions under Articles 72 and 161 of the Constitution are valid, release in life sentence cases requires a specific government order. It was held that Section 433A does not violate Article 20(1) and is prospective, not retroactive, meaning it does not affect cases decided before its enactment on December 18, 1978.

MARU RAM ETC. ETC. vs UNION OF lNDIA & ANR. · Niyam