Remission of prisoners

Subject: Polity / Governance

Context: Centre went against own guidelines in release of Bilkis Bano case convicts.

Concept:

Special Remission Scheme

As part of the Azadi Ka Amrit Mahotsav celebrations, special remission was granted to a certain category of prisoners. These prisoners would be released in three phases.
Union Government has devised a set of guidelines for the release of the priosners under the scheme.
Prisoners convicted for heinous crimes like Dowry death, counterfeiting currency notes, offence of rape & human trafficking, offences under POCSO Act, 2012, Immoral Trafficking Act, 1956, Prevention of Money Laundering Act, 2002, UAPA, National Security act, etc are excluded.

Remission

Remission is the complete ending of a sentence at a reduced point. Remission is distinct from both furlough and parole in that it is a reduction in sentence as opposed to a break from prison life.
In remission, the nature of the sentence remains untouched, while the duration is reducede., the rest of the sentence need not be undergone.

Clemency powers of state and central government under CrPC

The Code of Criminal Procedure (CrPC) provides for remission of prison sentences.
Under Section 432, the ‘appropriate government’ may suspend or remit a sentence, in whole or in part, with or without conditions.
Under Section 433, any sentence may be commuted to a lesser one by the appropriate government.
This power is available to State governments so that they may order the release of prisoners before they complete their prison terms.
However, Section 435 says that if the prisoner had been sentenced in a case investigated by any agency under a Central Act such as CBI the State government can order such release only in consultation with the Central government.

How remission under the CrPC is different from the constitutional power

Under the CrPC, the government acts by itself.
Under Article 72 and Article 161, the respective governments advise the President/Governor to suspend, remit or commute sentences.
Though it is the decision of the government in either case, the Supreme Court has made it clear that the two are different sources of power.