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
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