Section 482 CrPC: SC Rejects Exemption Plea for Convicted Petitioner

By Legal Wires 4 Minutes Read

In a recent ruling, the Supreme Court emphasized that it is impermissible for a High Court to use inherent powers under Section 482 of the Cr. P.C. to exempt a convict from surrendering despite concurrent findings of conviction. This decision arose from a case where the petitioner, convicted and sentenced, sought exemption from surrendering.

Supreme Court’s Ruling

• The Supreme Court bench was comprised of Justice Dipankar Datta and Justice Prashant Kumar Mishra.
• The bench asserted that a High Court cannot grant exemption from surrendering using its inherent powers, as it undermines the duty to enforce orders passed under the Code and prevents abuse of the court’s process.

High Court’s Decision and Petitioner’s Application

• The petitioner, who had not surrendered to serve his sentence, filed an application for exemption from surrendering.
• The High Court ruled that this application was not maintainable based on Rule 48 of Chapter 10 of the High Court of Madhya Pradesh Rules, 2008.
• Aggrieved by this decision, the petitioner approached the Supreme Court.

Petitioner’s Contention

• The petitioner cited the Vivek Rai & Anr. vs. High Court of Jharkhand case (2015) 12 SCC 86, arguing that it is a settled principle that a High Court may grant exemption from surrendering based on the nature and circumstances of a case.
• The petitioner contended that the High Court erred in ruling that applications seeking exemption from surrendering are not maintainable.

Supreme Court’s Analysis and Decision

• The Supreme Court found the legal principle from Vivek Rai’s case to be debatable, noting that extending Section 482 of the Cr. P.C. in such a manner could lead to a travesty of justice.
• The Court emphasized that the CrPC does not provide for a convict to seek exemption from surrendering, indicating a conscious legislative decision.
• The bench expressed disagreement with the view in Vivek Rai’s case and suggested that a reference to a larger bench would be appropriate. However, they decided against this given the specifics of the petitioner’s claim and the order being passed.

Petitioner’s Health Claim

• The petitioner sought exemption from surrendering due to hepatitis but failed to provide laboratory test reports to substantiate the claim.
• The court noted that the certificates provided appeared to be procured for the purpose of seeking exemption and were unconvincing without laboratory test evidence.
• The Special Leave Petition was dismissed as the court found no exceptional reason to grant the petitioner’s request for exemption from surrendering.

DAULAT SINGH VERSUS THE STATE OF MADHYA PRADESH, Diary No(s). 20900/2024

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