Commutation of sentence of imprisonment for life
Section 55 of the Indian Penal Code, 1860 deals with commutation of sentence of imprisonment for life. In every case in which sentence of [imprisonment] for life shall have been passed, [the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
In every case in which sentence of [imprisonment] for life shall have been passed, 5[the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.
Section 55, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 5 Commutation of sentence Distant match 50%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Haryana vs Pirthi
Court's Decision & Legal Precedent
A life convict has a legal right to have his case for pre-mature release considered under the remission policy or scheme existing on the date of his conviction, not the policy prevailing on the date when his case is considered for pre-mature release. This right is grounded in the Prisons Act 1894, constitutional safeguards under Articles 20(1) and 21, and the doctrine of legitimate expectation. When a remission policy is referable to the constitutional power under Article 161, it represents a constitutional mandate superior to statutory restrictions under Section 433-A CrPC, and cannot be retrospectively replaced by a stricter policy. The State must exercise its power of remission and clemency keeping in view the expectation crystallized in favor of the convict at the time of his conviction, and benefits should be construed liberally in favor of the convict.
On this section: Defines life imprisonment; cited to establish that life imprisonment means imprisonment for the whole of remaining life period
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Duryodhan Rout vs State of Orissa
Court's Decision & Legal Precedent
When a person is convicted of multiple offences at one trial, including one offence for which the sentence is life imprisonment, the proviso to Sub-Section (2) of Section 31 of the Criminal Procedure Code, 1973, which limits aggregate imprisonment to 14 years, applies to prevent consecutive sentences. All sentences must run concurrently because life imprisonment means imprisonment for the entire remaining life of the convict, and the concept of consecutive sentences does not apply when one sentence is life imprisonment. The term 'imprisonment' in Section 31 CrPC includes life imprisonment as defined in the General Clauses Act, 1897, and life imprisonment is not equivalent to 14 years or 20 years but means imprisonment for the whole of the remaining period of the convict's natural life unless remitted by the appropriate Government.
On this section: Relates to commutation of sentences; cited to show that only appropriate Government can commute life imprisonment for a term not exceeding 14 years
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Duryodhan Rout vs State of Orissa
Court's Decision & Legal Precedent
When a person is convicted of multiple offences including one for which life imprisonment is the sentence, all sentences imposed under the Indian Penal Code must run concurrently rather than consecutively, because life imprisonment extends for the entire remaining span of the convicted person's natural life and is not confined to any definite period. The proviso to subsection (2) of Section 31 of the Criminal Procedure Code, which limits aggregate punishment to 14 years in cases of consecutive sentences, precludes the imposition of consecutive sentences when life imprisonment forms part of the conviction, as this would exceed the statutory limit. The term 'imprisonment' in Section 31 Cr.P.C includes life imprisonment, and life imprisonment means imprisonment for the full span of life unless commuted by the appropriate Government under Sections 55, 433, or 433A of Cr.P.C.
On this section: Commutation of sentences by appropriate government; referenced to establish that only government can remit life sentences
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Power to commute sentences.- Sub-section (1) of section 402 enables the Appropriate Government to commute sentences without the consent of the person sentenced. This general provision has, however, to be read with sections 54 and 55 of the Indian Penal Code which contain special provisions in regard to commutation of sentences of death and of imprisonment for life. The definition of "Appropriate Government" contained in sub-section (3) of section 402 is substantially the same as that contained in section 55A of the Indian Penal Code. It …
Questions about Section 55
What have the courts held on Section 55 of the Indian Penal Code?
State of Haryana vs Pirthi (22 Mar 2010) is the leading judgment on this section among those set out below: Defines life imprisonment; cited to establish that life imprisonment means imprisonment for the whole of remaining life period. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2010 to 2014.
How do I find court cases under Section 55 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 55, section 55 IPC, section 55 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with State of Haryana vs Pirthi (22 Mar 2010).
What should I read with Section 55 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 5 (Commutation of sentence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 55 of the Indian Penal Code come into force?
Section 55 of the Indian Penal Code, cited as IPC 55, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.