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Supreme Court of India· 10 September 2026

Is jail-earned remission available where the sentence continues to be one of life imprisonment?

ABU SALEM ABDUL QAYOOM ANSARI v. STATE OF MAHARASHTRA & ORS
2026 INSC 982
Coram: Justice Vikram Nath · Justice Sandeep Mehta
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Answer

Jail-earned remission is not available where the sentence continues to be one of life imprisonment.

No. The stipulation that the appellant cannot be detained beyond twenty-five years is a consequence of the sovereign assurance and does not convert the sentence of life imprisonment into a fixed-term sentence; jail-earned remission cannot be notionally added to the period of incarceration to further advance release where the sentence itself remains one of life imprisonment.

Headnote

Criminal Appellate Jurisdiction — Sentence computation — TADA (P) Act, 1987 — Constitution of India, 1950 — Art.72 — Code of Criminal Procedure, 1973 — ss.432, 433 — Remission — Sovereign assurance — Sentence computation — Concurrent sentences — Double counting of custody — Held: The same period of incarceration cannot be notionally counted twice — once as undertrial custody preceding one conviction and again as post-conviction custody for another — where the two sentences run concurrently. (¶14, 15) Jail-earned remission — Life sentence bounded by sovereign assurance — Held further: Jail-earned remission is not available against a sentence that continues to be one of life imprisonment merely because a sovereign assurance fixes the outer limit of detention; the stipulation does not convert a life sentence into a fixed-term sentence. (¶26, 29) Constitution of India, 1950 — Art.72 — Code of Criminal Procedure, 1973 — ss.432, 433 — Separation of powers — Held further: The Executive's power to consider remission or commutation under Art.72 or ss.432–433 CrPC upon completion of the stipulated period is a separate exercise of executive power that does not alter or convert the judicial sentence. (¶24, 25) Precedent — Ratio decidendi read with material facts — Held further: A precedent on remission cannot be mechanically applied where the case rests on a sovereign assurance given in the context of extradition, not an ordinary sentencing scheme; appeal dismissed in limine. (¶30, 31, 32, 33)

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In the Court's own words
Paragraph 26We are, therefore, unable to appreciate how the appellant can claim the benefit of “jail-earned remission” when the sentence imposed upon him continues to be one of life imprisonment. The stipulation regarding consideration of his release upon completion of 25 years cannot be construed to mean that the appellant was sentenced to a term of 25 years. The said stipulation operates only as a consequence of the sovereign assurance extended by the Union Government and requires the Central Government to consider the exercise of its powers in accordance therewith. It does not alter the nature or duration of the sentence imposed by the TADA Court and affirmed by this Court. The High Court was, therefore, justified in declining to extend the benefit of “jail-earned remission” to the appellant on the ground that no fixed-term sentence had been imposed upon him.
Paragraph 29The appellant continues to stand convicted for life imprisonment, as imposed by the competent courts and affirmed by this Court. The stipulation that he cannot be detained beyond twenty-five years is a consequence of the sovereign assurance extended by the Union Government to the Government of Portugal. It does not convert the sentence of life imprisonment into a fixed-term sentence of twenty-five years. Consequently, the jail-earned remission cannot be notionally added to the period of incarceration so as to further advance the appellant’s release. To permit such a course would, in effect, confer a benefit over and above the consequence already flowing from the sovereign assurance, notwithstanding that the sentence itself remains one of life imprisonment.
Acts & Sections
Art.72 Constitution of India, 1950s.432 Code of Criminal Procedure, 1973s.433 Code of Criminal Procedure, 1973

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Also decided in this judgment
Can the same period of custody be counted twice, as undertrial custody for one conviction and as post-conviction custody for another, where sentences run concurrently?Can a precedent on remission be mechanically applied where the case rests on a sovereign assurance given in the context of extradition?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections