Is Life Imprisonment Without Remission a ‘Fourth Category’ of Punishment

Kishwar, Sanya Darakhshan, Chhapolia, Parth and Zaidi, Syed Ahmad Nawaz (2026) Is Life Imprisonment Without Remission a ‘Fourth Category’ of Punishment. Virtuosity Legal.

[thumbnail of Is Life Imprisonment Without Remission a ‘Fourth Category’ of Punishment.pdf] Text
Is Life Imprisonment Without Remission a ‘Fourth Category’ of Punishment.pdf - Published Version

Download (252kB)

Abstract

Life imprisonment without remission is a penal sentence in which the convict remains incarcerated for their entire natural life, without the possibility of release. This form of punishment is problematic for several reasons. It raises significant human rights concerns, as it deprives individuals of any hope for release, which can be considered inhumane and degrading. The psychological impact on prisoners is severe, often leading to mental health issues such as depression and hopelessness. Additionally, it contradicts the principle of reformative justice, which aims to rehabilitate and reintegrate offenders into society. There are also concerns about judicial overreach, as courts imposing this sentence may be seen as creating a new category of punishment beyond the legislative framework. Furthermore, life imprisonment without remission disproportionately affects marginalised communities, exacerbating existing inequalities within the criminal justice system. These issues highlight the need for careful consideration and debate regarding the use of this severe form of punishment. This sentencing practice is becoming increasingly prevalent in Supreme Court decisions, serving as an alternative to the death penalty in cases where the crime is heinous, but mitigating factors suggest potential for reformation. The Supreme Court’s decisions in cases like Swamy Shraddananda v. State of Karnataka and Union of India v. V. Sriharan have established precedents for this type of sentencing.

Item Type: Other
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Luckey Pathan
Date Deposited: 12 Jan 2026 06:19
Last Modified: 12 Jan 2026 06:19
Official URL: https://virtuositylegal.com/is-life-imprisonment-w...
URI: https://pure.jgu.edu.in/id/eprint/10635

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item