BHAGIRATH & ORS vs DELHI ADMINISTRATION

The Supreme Court held that the period of detention undergone by a convict as an undertrial prisoner must be set off against a life imprisonment sentence under Section 428 of the Code of Criminal Procedure, 1973. The Court clarified that a life sentence is indeed a sentence for a term, despite its uncertain duration. It emphasized that the appropriate Government has the authority under Sections 432 and 433 to remit or commute sentences, and such orders must be in place for the set-off to apply. The appeal was allowed, recognizing the need for a reformative approach to sentencing.