Why in news?

The Supreme Court ruled that states must consider the premature release of eligible prisoners under their remission policies, even if they do not apply for it.

While certain convicts are exempt, states have the authority to grant remission under the Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS) and the Code of Criminal Procedure, 1973 (CrPC).

A SC bench delivered the judgment in the suo motu case In Re: Policy Strategy for Grant of Bail, initiated in 2021 to address prison overcrowding.

This ruling marks a shift in the Supreme Court’s stance on remission, departing from its 2013 judgments, which required prisoners to apply for remission.

What’s in today’s article?

• Law on Remission
• Supreme Court’s Ruling on Remission
• Additional Directions Issued by the Supreme Court
• Prison Population in India

Law on Remission

• Remission refers to the reduction of a convict’s sentence.
• Section 473 of the BNSS (formerly Section 432 of the CrPC) empowers state governments to remit sentences at any time, with or without conditions.
• If conditions are violated, the remission can be revoked, and the convict can be re-arrested without a warrant.
• State vs. Constitutional Remission Powers
  • State governments exercise remission power under BNSS and CrPC.
  • On the other hand, Articles 72 and 161 of the Constitution grant similar powers to the President and Governor respectively.
• Restrictions on Remission
  • Under Section 475 of the BNSS (formerly Section 433A of the CrPC), life convicts guilty of offences punishable by death must serve at least 14 years in prison before being eligible for release.
• SC’s Recent Interpretation
  • Earlier, remission required an application by the convict.
  • However, the Supreme Court has now ruled that states must consider remission automatically, as most states already have remission policies with eligibility criteria.

Supreme Court’s Ruling on Remission

• Past Judgments on Remission
  • The SC considered two 2013 rulings:
    • Sangeet & Anr. v. State of Haryana (2013): Held that remission under Section 432 of CrPC cannot be granted suo motu and requires a convict’s application.
    • Mohinder Singh v. State of Punjab (2013): Reaffirmed that courts cannot grant remission on their own.
• Key Shift in Approach
• The court observed that many state prison manuals require the prison superintendent to initiate remission proceedings.
• The previous rulings in Sangeet and Mohinder Singh did not consider cases where states have structured remission policies.
• Why the SC Changed Its Stance
  • The Sangeet judgment aimed to prevent discretionary or mass releases on festive occasions.
  • However, when states have clear remission policies with eligibility criteria, the SC held that failing to consider remission automatically would be discriminatory and arbitrary.
• Obligation on States
  • The court ruled that states must consider remission for all eligible convicts under their policies.
  • Ignoring this duty would violate Article 14 (Right to Equality) of the Constitution.

Additional Directions Issued by the Supreme Court

• The SC directed all states to form a comprehensive remission policy within two months if they do not already have one.
• Guidelines for Remission Conditions
  • Building on Mafabhai Motibhai Sagar v. State of Gujarat (2024), the court laid down that remission conditions must:
    • Consider crime motive, criminal background, and public safety.
    • Aim for rehabilitation and prevent recurrence of criminal tendencies.
    • Be reasonable—not excessively harsh or impractical.
    • Be clear and enforceable, avoiding vague or ambiguous terms.
• Protection Against Arbitrary Remission Cancellation
  • Minor violations should not automatically lead to remission cancellation.
  • Convicts must receive a notice with reasons for cancellation.
  • Convicts must be given a chance to respond before the state makes a final decision.

Prison Population in India

• As per the National Crime Records Bureau (NCRB) data (2022):
  • Total inmates: 5,73,220
  • Total prison capacity: 4,36,266
  • Occupancy rate: 131.4% (overcrowded prisons)
• Undertrial Prisoners Dominate
  • 75.8% of inmates are undertrials, still awaiting final verdicts.
  • The SC’s new remission guidelines may help reduce overcrowding, but undertrials remain the majority.
• Trends in Premature Releases
  • The Prison Statistics in India Report (2022) shows:
    • 2020: 2,321 prisoners released prematurely.
    • 2021: 2,350 prisoners released.
    • 2022: 5,035 prisoners released (sharp increase).
  • There is no official data on how many prisoners have benefitted from remission policies over the years.