Supreme Court Judgment on Remission Without Application

Sub: Polity

Sec: Executive

Context:

The Supreme Court has directed states with remission policies to consider the premature release of prisoners even if they do not apply for remission.
This ruling marks a significant shift from earlier judgments that required prisoners to apply for remission.

What is Remission?

Remission refers to the power to reduce the period of a sentence for a convicted person.
Governed by Section 473 of the BNSS, 2023 and Section 432 of the CrPC, 1973.
State governments have the power to grant remission “at any time” with or without conditions.
If conditions are not fulfilled, remission can be canceled, and the convict can be rearrested without a warrant.
Separate from the power of the President (Article 72) and Governor (Article 161) to grant clemency.

Legal Restrictions on Remission

Section 475 of BNSS (formerly Section 433A of CrPC) restricts remission for life convicts guilty of offences punishable by death.
Such convicts must serve at least 14 years before being considered for release.
The law previously stated that remission could begin only when a convict applies for it.

Supreme Court’s Ruling

Delivered by a bench of Justices Abhay S Oka and Ujjal Bhuyan in the suo motu case “In Re: Policy Strategy for Grant of Bail” (2021).
The court ruled that an application is not necessary for remission if a state has a remission policy with eligibility criteria.
Failure to consider remission suo motu would be “discriminatory and arbitrary”, violating Article 14 (Right to Equality).

Previous SC Judgments on Remission

Sangeet & Anr. v State of Haryana (2013)
- Held that remission cannot be granted suo motu by the state.
- Stressed that remission requires an application from the convict or on their behalf.
- Prevented en masse releases on festive occasions.
Mohinder Singh v State of Punjab (2013)
- Reaffirmed that courts cannot grant remission suo motu.
The recent SC decision overrules these precedents in light of state remission policies.

Directions Issued by the Supreme Court

Mandatory Remission Policies
- States must create “exhaustive” remission policies within two months if not already in place.
Guidelines for Remission Conditions (Based on Mafabhai Motibhai Sagar v. State of Gujarat, 2024)
- Conditions must consider:
  - Motive of the crime
  - Criminal background
  - Public safety
- Conditions must promote rehabilitation and prevent criminal tendencies.
- Conditions must not be vague, oppressive, or impossible to fulfill.

Cancellation of Remission
- Breach of conditions should be reviewed on a case-by-case basis.
- Minor breaches should not lead to cancellation.
- A notice must be given to the convict before remission is canceled.

Prison Population in India

As per NCRB data (2022):
- 5,73,220 prisoners in India against a capacity of 4,36,266 (occupancy rate 131.4%).
- 75.8% of prisoners are undertrials, awaiting the final decision in their cases.
Premature Releases Due to Remission
- 2020 – 2,321 prisoners
- 2021 – 2,350 prisoners
- 2022 – 5,035 prisoners (sharp increase)