Context:
- The Supreme Court (SC) ruled on the obligation of governments to consider remission for eligible convicts.
- Judgment delivered by a Bench of Justices A.S. Oka and Ujjal Bhuyan.
- Relates to remission policies under:
- Section 432 of the Criminal Procedure Code (CrPC)
- Section 473 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Relevance :GS2(Governance & Justice)
Key Highlights of the Judgment:
- Mandatory Consideration:
- Appropriate governments must proactively consider remission when convicts become eligible.
- No need for convicts or their families to apply for remission.
- Policy-Based Consideration:
- If the government has a remission policy, it must apply to all eligible convicts consistently.
- Eligibility must be assessed as per the laid-down guidelines.
- Obligation of the State:
- The decision places a legal duty on the state to ensure fairness in the remission process.
- Prevents administrative delays or bias in considering applications.
Legal Framework:
- Section 432 CrPC:
- Empowers the state government to remit or suspend sentences.
- Typically used for good conduct, humanitarian grounds, or reformation.
- Section 473 BNSS, 2023:
- New provision under the BNSS, replacing parts of CrPC.
- Aims to streamline the remission process under updated criminal justice laws.
Implications:
- For Convicts:
- Greater access to remission without procedural hurdles.
- Protects rights of reformed prisoners.
- For Governments:
- Requires establishing or adhering to clear remission policies.
- Periodic review mechanisms must be implemented.
- For the Judiciary:
- Reinforces the principle of reformation and rehabilitation in sentencing.
- Reduces the burden of petitions filed for remission due to administrative inaction.
