Headline
The Supreme Court of India issues directives on remission power of government.
Summary
The Supreme Court of India stated that State Governments must consider all convicts which are eligible for remission under Section 432 CrPC and Section 473 BNSS, even without a formal application. It also ordered all States and Union Territories to formulate a remission policy within 2 months.
Key Facts
- Case Name: In Re Policy Strategy for Grant of Bail
- Judges Name: Justice Abhay S. Oka and Justice Augustine George Masih
- The Supreme Court stressed that remission policies must be non-discriminatory and stick with Article 14 of the Indian Constitution.
- Conditions imposed on remission must be reasonable, clear, and not harsh.
- The government must record reasons for granting, refusing, or revoking remission.
- Convicts must be given a hearing before cancellation of remission.
Legal Insights
- Remission cannot be arbitrarily refused; all convicts who are eligible must be considered.
- States without a policy must create the policy to ensure uniformity in the decision of remission.
- The principle of Natural justice apply-convicts must be informed of their rights and any adverse decisions.
Impact
- Ensures fair and transparent policies of remission across India.
- Strengthens rights of the convicts to rehabilitation and due process.
- Empowers Legal Services Authorities to monitor the cases of remission and maintain records.
Why It Matters
- Controls arbitrariness in granting remission.
- Safeguard the rights of the convicts under Article 21 of the Constitution (Right to Life and Liberty).
- Creates accountability in prison administration and remission policies.
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