Premature Release--Life Convict--14 Years Actual Imprisonment Sufficient for Consideration Under Section 475 BNSS Without Requirement of 20 Years Incarceration with Remission
A life convict becomes eligible for consideration of premature release after completing 14 years of actual imprisonment under Section 475 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 433A of the Code of Criminal Procedure, 1973, where the case does not fall within the exceptions under Rule 481 of the Bihar Prison Manual, 2012. Deferral of premature release consideration until completion of 20 years of incarceration with remission is contrary to the statutory scheme. Reliance on an executive letter of 1984 cannot override statutory provisions. Section 57 of the Indian Penal Code, corresponding to Section 6 of the Bharatiya Nyaya Sanhita, 2023, provides only a legal fiction for calculating fractions of punishment and does not mandate 20 years of incarceration as a condition for premature release consideration.
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