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Remission in India

 

Remission in India

Introduction

Remission is a crucial aspect of the criminal justice system, allowing for the early release of convicts under specific conditions. Recently, the Supreme Court of India issued a landmark directive instructing states to consider the premature release of eligible prisoners without requiring an application. This ruling aims to streamline the remission process, ensuring that deserving convicts are considered for release in a timely and fair manner.

What is Remission?

Remission refers to the reduction of a convict’s sentence before they complete the full term. However, it does not nullify the conviction; it only shortens the imprisonment period based on specific legal provisions and good behavior.

Legal Framework Governing Remission in India

Several legal provisions regulate remission in India, ensuring that the process remains fair and structured:

  1. Statutory Provisions:

    • Section 473 of Bharatiya Nyaya Sanhita (BNSS), 2023 & Section 432 of the Code of Criminal Procedure (CrPC), 1973 empower state governments to grant remission.

    • Section 475 of BNSS & Section 433A of CrPC impose a minimum sentence of 14 years for life convicts before they can be considered for remission.

  2. Constitutional Provisions:

    • Article 72: Grants the President of India the power to remit, suspend, or pardon sentences for offenses under Union laws.

    • Article 161: Grants similar powers to the Governor for state-level offenses.

Procedure for Granting Remission

The remission process involves several stages to ensure that only deserving convicts benefit from sentence reduction:

  1. Assessment by Prison Authorities: Jail officials review the convict’s behavior, conduct, and eligibility for remission.

  2. State Government Review: State governments evaluate cases based on predefined policies and grant remission accordingly.

  3. Conditions for Remission: Factors such as the nature of the crime, criminal history, and public safety are considered.

  4. Revocation of Remission: If the convict violates the prescribed conditions, remission can be revoked, leading to re-arrest.

Key Supreme Court Judgments on Remission

Over the years, the Supreme Court has provided clarity on remission policies through various rulings:

1. Sangeet & Anr. v. State of Haryana (2013)

  • The Court ruled that remission cannot be granted automatically (suo motu) and must be applied for by the convict.

2. Mohinder Singh v. State of Punjab (2013)

  • Reaffirmed that remission must be initiated by the convict, rather than granted automatically by the government.

3. Mafabhai Motibhai Sagar v. State of Gujarat (2024)

  • Stated that remission conditions must be reasonable, non-arbitrary, and clearly defined to ensure fairness.

Supreme Court’s 2025 Judgment & Guidelines

The Supreme Court’s latest ruling introduces key reforms to the remission process:

1. Suo Motu Remission Allowed

  • If a remission policy exists in a state, authorities must proactively consider eligible convicts without waiting for applications.

2. Mandatory Remission Policy for All States

  • States without a remission policy must formulate one within two months to ensure uniformity.

3. Conditions for Granting Remission

  • Remission decisions must be based on:

    • Nature and severity of the crime

    • Criminal history and rehabilitation prospects

    • Public safety concerns

4. Protection Against Arbitrary Cancellation

  • Remission cannot be revoked for minor rule violations.

  • Convicts must be given prior notice and an opportunity to respond before their remission is canceled.

5. Transparency & Digital Tracking

  • Legal aid authorities must track remission cases and maintain records on a real-time digital portal for better accountability.

Conclusion

The Supreme Court’s 2025 ruling marks a significant reform in the Indian justice system, ensuring fairness, consistency, and transparency in granting remission. By mandating proactive consideration, defining clear conditions, and preventing arbitrary revocation, the judgment enhances the credibility of remission policies and promotes the rehabilitation of prisoners.

MCQs for UPSC CSE

1. Which of the following statements about remission is correct?

A) Remission erases a convict’s criminal record.
B) Remission only applies to life imprisonment cases.
C) Remission reduces the sentence duration but does not erase the conviction.
D) Only the President of India has the power to grant remission.

Answer: C) Remission reduces the sentence duration but does not erase the conviction.

2. Under which section of BNSS, 2023 can state governments grant remission?

A) Section 473
B) Section 432
C) Section 475
D) Section 433A

Answer: A) Section 473

3. Under which Article of the Indian Constitution does the Governor have the power to grant remission?

A) Article 161
B) Article 72
C) Article 32
D) Article 226

Answer: A) Article 161

4. What was the key ruling in Sangeet & Anr. v. State of Haryana (2013)?

A) Remission is granted automatically by the state.
B) Remission requires an application from the convict.
C) The Supreme Court can grant remission directly.
D) Life convicts must serve at least 20 years before remission.

Answer: B) Remission requires an application from the convict.

5. What is a key directive of the Supreme Court’s 2025 ruling on remission?

A) States must wait for prisoners to apply before considering remission.
B) States must proactively consider remission without requiring an application.
C) The Supreme Court will now handle all remission cases.
D) Only prisoners with good behavior records are eligible for remission.

Answer: B) States must proactively consider remission without requiring an application.

UPSC Mains Question

Q: Discuss the constitutional and legal framework governing remission in India. Analyze the significance of the Supreme Court’s 2025 ruling on suo motu remission and its impact on the criminal justice system.

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