The Supreme Court (SC) Issues Directions on Remission | Current Affairs | Vision IAS
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    The Supreme Court (SC) Issues Directions on Remission

    Posted 19 Feb 2025

    2 min read

    In the Re Policy Strategy for Grant of Bail case, the SC issued directions regarding the power of appropriate Government to remit the whole/a part of sentence of convicts.

    • Section 432 of the CrPC & Section 473 of BNSS (Bharatiya Nagarik Suraksha Sanhita) deal with the remission powers of the appropriate government."

    Key Directions:

    • Obligation to Consider Eligible Convicts: States/UT which has a remission policy is obliged to consider eligible cases for remission even without the convict applying for it.
      • States/UTs without a remission policy are directed to formulate within 2 months. 
    • Conditions for Remission: Must be reasonable, specific, & feasible, considering nature of crime & public safety.
    • Revocation of Remission: Requires recorded reasons for such decisions & an opportunity for convict to respond.

    About Remission

    • Definition: Remission refers to the reduction or mitigation of a sentence imposed on a person convicted of a crime without changing nature of the sentence. 
    • Constitutional Provisions:
      • Article 72 of Indian constitution grants the President the power to grant pardons, reprieves, respites, or remissions of punishment, & to suspend or commute sentences.
      • Article 161 provides similar powers to the Governor for offenses under state laws.

    Related Supreme Court Judgements

    • Mafabhai Motibhai Sagar Case (2024): Order granting permanent remission cannot be withdrawn/cancelled without giving an opportunity of being heard to convict.
    • Mahender Singh Case (2007): Convicts do not have a fundamental right to remission but they do have a legal entitlement to be considered for it.
    • Kehar Singh Case (1988): Prisoners cannot be denied chance for sentence remission, as doing so would violate rehabilitation principles.
    • Tags :
    • Remission
    • Pardoning Power
    • Mafabhai Motibhai Sagar Case
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