SC Directions on Permanent Remission to Convicts

Syllabus: GS2/Polity and Governance

Context

• The Supreme Court has issued directions aimed at standardising and improving the transparency of policies governing permanent remission to convicts in the country.

Key Points of Ruling

• Policy Accessibility and Information: States must make remission policies accessible to all convicts, with copies available in prisons and uploaded on government websites.
  • Jail authorities must ensure that convicts eligible for remission are informed of these policies.
• Timely Communication of Decisions: States and Union Territories must notify convicts of any rejection of remission applications within one week.
• Updated Policy Availability: Any modifications to remission policies must be promptly made available in prisons and online.

Permanent Remission to convicts in India

• It means reducing or shortening the duration of the sentence or allowing for an early release from prison, either based on good conduct, special circumstances, or under certain legal provisions.
• The remission of sentences can be granted based on the following legal grounds:
  • Article 72 (President’s Power): The President of India has the power to grant pardon, reprieve, respites, or remission of punishment to any convict, including those convicted under death sentences.
    • It can be exercised after consultation with the Union Cabinet.
  • Article 161 (Governor’s Power): The Governor of a state has similar powers, for those sentenced by courts within that state.
    • The advice of the appropriate government binds the Head of the State.
  • Section 432 of the Criminal Procedure Code (CrPC): It empowers the government (central or state) to grant remission or suspend a sentence of a convict.
    • It allows for the reduction of the sentence of a person sentenced to imprisonment, which could be either temporary or permanent, depending on the circumstances.

Types of Remission

• Full Remission: The complete removal or cancellation of the sentence, leading to the convict’s immediate release from prison. 
• Partial Remission: This reduces the duration of the sentence but does not eliminate it entirely. 
• Special Remission: Sometimes, remission is granted as part of a special amnesty, typically on national holidays like Independence Day or Republic Day, or in cases where the government decides to offer relief to certain categories of prisoners, such as elderly, sick, or women prisoners.

Laxman Naskar versus Union of India (2000)

• Under it SC laid down the following guidelines for considering premature release:
  • Whether the offence is an individual act of crime without affecting society at large;
  • Whether there is any chance of future recurrence of committing a crime;
  • Whether the convict has lost his potential to commit a crime; 
  • Whether there is any fruitful purpose of confining the convict any more;
  • Socio-economic condition of the convict’s family.
• Many landmark cases (such as Maru Ram v. Union of India (1981) or Union of India v. V. Sriharan (2016) highlight key principles concerning remission of sentences, such as:
  • The discretionary powers of the President and Governor to grant remission or commutation.
  • The relationship between executive powers and the judiciary in reviewing remission decisions.
  • The importance of rehabilitation, good conduct, and judicial oversight in the remission process, particularly with respect to life convicts and death row prisoners.

Conclusion

• Permanent remission is a power available to the state and central governments in India, designed to offer a second chance to convicts who have demonstrated rehabilitation, good conduct, or have special circumstances. 
• However, it is subject to strict legal frameworks, and the decision to grant such remission involves a thorough review of the convict’s case and circumstances.

Source: BS