Remission
Kartavya Desk Staff
Source: IE
Context: The Supreme Court directed states to consider the premature release of eligible prisoners without requiring an application.
About Remission:
• What is Remission?
• Remission is the reduction of a convict’s sentence before the completion of the full term. It does not erase the conviction but shortens the duration of imprisonment.
• Remission is the reduction of a convict’s sentence before the completion of the full term.
• It does not erase the conviction but shortens the duration of imprisonment.
• Laws Governing Remission:
• Section 473 of BNSS, 2023 & Section 432 of CrPC, 1973 empower state governments to grant remission. Articles 72 & 161 of the Constitution allow the President & Governor to remit sentences. Section 475 of BNSS & Section 433A of CrPC impose a 14-year minimum term for life convicts.
• Section 473 of BNSS, 2023 & Section 432 of CrPC, 1973 empower state governments to grant remission.
• Articles 72 & 161 of the Constitution allow the President & Governor to remit sentences.
• Section 475 of BNSS & Section 433A of CrPC impose a 14-year minimum term for life convicts.
• Procedure for Granting Remission:
• Prison authorities review cases and recommend eligible convicts. State governments consider applications and grant remission based on predefined policies. If conditions are violated, remission can be revoked, and the convict can be re-arrested.
• Prison authorities review cases and recommend eligible convicts.
• State governments consider applications and grant remission based on predefined policies.
• If conditions are violated, remission can be revoked, and the convict can be re-arrested.
• Past SC Judgments on Remission: Sangeet & Anr. v State of Haryana (2013): SC ruled that remission cannot be suo motu, requiring an application from the convict. Mohinder Singh v State of Punjab (2013): Reaffirmed that remission must be initiated through an application, not by courts or the government automatically. Mafabhai Motibhai Sagar v. State of Gujarat (2024): Held that remission conditions must be reasonable and cannot be arbitrarily stringent or vague.
• Sangeet & Anr. v State of Haryana (2013): SC ruled that remission cannot be suo motu, requiring an application from the convict.
• Mohinder Singh v State of Punjab (2013): Reaffirmed that remission must be initiated through an application, not by courts or the government automatically.
• Mafabhai Motibhai Sagar v. State of Gujarat (2024): Held that remission conditions must be reasonable and cannot be arbitrarily stringent or vague.
• Supreme Court’s 2025 Judgment & Guidelines Suo motu remission allowed: If a remission policy exists, states must proactively consider eligible convicts without waiting for applications. Mandatory remission policy: States without a remission policy must formulate one within two months. Conditions for remission: Must be based on crime motive, criminal record, and public safety, ensuring rehabilitation. Protection against arbitrary cancellation: Remission cannot be revoked for minor breaches, and convicts must get a notice and a chance to respond before cancellation. Transparency in remission decisions: Legal aid authorities must track remission cases and maintain real-time data on a digital portal.
• Suo motu remission allowed: If a remission policy exists, states must proactively consider eligible convicts without waiting for applications.
• Mandatory remission policy: States without a remission policy must formulate one within two months.
• Conditions for remission: Must be based on crime motive, criminal record, and public safety, ensuring rehabilitation.
• Protection against arbitrary cancellation: Remission cannot be revoked for minor breaches, and convicts must get a notice and a chance to respond before cancellation.
• Transparency in remission decisions: Legal aid authorities must track remission cases and maintain real-time data on a digital portal.