SC Directions on Remission Policies for Convicts

05-11-2024

In November 2024, the Supreme Court has issued key directions to bring uniformity and transparency to policies regarding permanent remission for convicts.
The Court emphasized that information on remission policies must be easily accessible to convicts and their families.
The Bench was hearing a suo motu case of 2021 titled as “Policy Strategy for Grant of Bail” and directed all States and Union Territories to inform convicts of any rejection of applications for permanent remission within one week.

What is Remission?

Remission involves a reduction in sentence duration while maintaining the original nature of the sentence.
It gives the government or relevant authorities the power to either fully release a person from their sentence or reduce the severity of the sentence.
Remission is granted at the discretion of relevant authorities and is not guaranteed.
The procedures and criteria for granting remission vary based on the legal framework for the specific offense.

Types of Remission

Full Remission: Completely cancels the sentence, resulting in the convict’s immediate release from prison.
Partial Remission: Reduces the duration of the sentence but does not eliminate it entirely.

Special Remission: Granted as a form of special amnesty, often on national holidays (e.g., Independence Day, Republic Day) or when the government provides relief to specific prisoner categories, like the elderly, sick, or women prisoners. a process that allows the government to reduce or cancel a prisoner's sentence under certain conditions.

Key Directives for Remission Policies

Accessible Policy Information: Prisons must visibly display remission policies, including recent updates. Policies should be uploaded on government websites in English.

Jail authorities are responsible for notifying eligible convicts about these policies.

Timely Notification of Rejections: States and Union Territories must inform convicts of any remission application rejections within a week.

Copies of rejection orders must be sent to relevant district legal services authorities to facilitate legal aid support.

Individualised Case Consideration: The court emphasized that remission conditions should be individualized, considering each convict’s unique circumstances.
Remission Consideration and Pending Appeals: Convicts’ pending conviction appeals should not automatically delay remission consideration.

Only state-filed appeals for sentence enhancement or acquittal may justify a delay in remission consideration.

Legal Aid and Support: Legal aid authorities must receive information on remission rejections to provide necessary support to convicts.
Future Actions and Deliberations: The court set December 3, 2024, as a date for further deliberation on additional issues:

Whether States must provide reasons for all remission rejections.
Whether eligibility for remission should be assessed for remission even if the convict does not apply for it.

Emphasis on Policy Updates: States are directed to make updated remission policies easily accessible, supporting transparent remission procedures.

Constitutional Provisions for Remission in India

Article 72 (President’s Power): The President of India has the authority to grant pardons, reprieves, respites, or remissions and to suspend, remit, or commute sentences in specific cases:

Court-Martial Cases: Where the punishment or sentence is imposed by a military court.
Union Executive Power Cases: For offenses under laws related to the Union government’s executive authority.

Death Sentences: In cases involving the death penalty.

Article 161 (Governor’s Power): The Governor of a State can also grant pardons, reprieves, respites, or remissions and has the authority to suspend, remit, or commute sentences for: