Supreme Court Issues Guidelines on Remission of Sentences
In the case Re Policy Strategy for Grant of Bail, the Supreme Court (SC) issued directives regarding the power of the appropriate government to remit all or part of a convict’s sentence.
Section 432 of the Criminal Procedure Code (CrPC) and Section 473 of the BNSS (Bharatiya Nagarik Suraksha Sanhita) govern the remission powers of the appropriate government.
Key Directions:
- Obligation to Consider Eligible Convicts: States and Union Territories with a remission policy must consider eligible convicts for remission, even if the convict does not apply for it.
- States/UTs Without a Remission Policy: Those without a remission policy are instructed to formulate one within 2 months.
- Conditions for Remission: The conditions for remission must be reasonable, specific, and feasible, taking into account the nature of the crime and public safety.
- Revocation of Remission: Any revocation of remission must be supported by recorded reasons, and the convict must be given an opportunity to respond.
About Remission:
- Definition: Remission refers to the reduction or mitigation of a sentence without altering the nature of the sentence.
- Constitutional Provisions:
- Article 72: Grants the President the power to grant pardons, reprieves, respites, or remissions of punishment, as well as to suspend or commute sentences.
- Article 161: Provides similar powers to the Governor for offenses under state laws.
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