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Remission

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.
  • 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.
  • 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.
  • 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.
  • 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.