Remission

News: Recently, the Supreme Court in a landmark ruling, directed all states with remission policies to consider the premature release of eligible prisoners even if they have not applied for remission.

About Remission

• Remission is the reduction of a prison sentence granted to a convict before the completion of their term.
• It is different from parole or pardon, as the conviction remains, but the sentence is shortened.
• Legal Provisions for Remission:
  • Section 473 of BNSS, 2023 and Section 432 of CrPC, 1973 empower state governments to remit sentences
  • States can impose conditions for remission, such as periodic reporting to authorities
  • Articles 72 and 161 of the Constitution grant the President and Governors the power to remit sentences.
• Considerations for Granting Remission
  • The nature of the crime and its motive.
  • The convict’s criminal background and potential for rehabilitation.
  • Public safety concerns.
  • Ensuring conditions do not make remission practically impossible.
• Restrictions on Remission: Section 475 of BNSS (Section 433A of CrPC) states that life convicts guilty of crimes punishable by death must serve at least 14 years before being considered for remission.

Supreme Court’s Landmark Ruling (2025)

• States must consider premature release of prisoners even if they do not apply for remission.
• Earlier rulings (2013) required prisoners to apply first, but the SC overturned this condition.
• If a state has a remission policy, it must proactively review cases for eligibility.
• Denying remission without consideration violates Article 14 (Right to Equality) of the Indian Constitution.

SC’s Directives to States

• States must formulate an exhaustive remission policy within two months (if not already in place).
• Policies must include clear, reasonable, and non-oppressive conditions for remission.
• A convict must receive notice and have the chance to respond before remission is revoked.