The Supreme Court of India (File photo | ANI)
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Remission is a constitutional right as well as statutory: SC

During the hearing, the Centre supported the constitutional validity of Section 376DA.

Suchitra Kalyan Mohanty

NEW DELHI: The Supreme Court on Tuesday observed that the right to seek remission of convicts -- sentenced to life imprisonment for the rest of their lives in gangrape cases involving minors -- was not only a constitutional right but also a statutory one.

A two-judge bench of Justices B V Nagarathna and R Mahadevan were hearing a plea challenging the constitutional validity of Section 376DA or 376DB (Gangrape of a girl below 16 years), of the erstwhile Indian Penal Code (IPC).

The court, however, did not pass any order on the broader legal challenge to the prescription of a sole type of punishment under Section 376DA.

During the hearing, the Centre supported the constitutional validity of Section 376DA.

Convicts sentenced to life term for the rest of their natural life retain the right to seek remission, the court observed.

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