Description

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Context:

The Supreme Court in the case of “In Re: Policy Strategy for Grant of Bail” directed states to proactively consider the premature release of eligible prisoners, even if they do not formally apply for remission.

About Remission

Remission allows state governments to reduce a convict’s sentence under Sections 473 (Bharatiya Nyaya Suraksha Sanhita, 2023) and 432 (Code of Criminal Procedure, 1973). It is different from presidential/gubernatorial pardons under Articles 72/161 of the Constitution.

States can set conditions (e.g., reporting to police) but must revoke remission if conditions are breached. For life convicts or those guilty of death-penalty offenses, release requires at least 14 years of imprisonment (Sections 475/433A) .

Shift in Judicial Stance

The SC ruled in Sangeet v/s Haryana and Mohinder Singh v/s Punjab (2013) that remission could only be granted upon a convict’s application, not suo motu (voluntarily by the state). This prevented arbitrary mass releases during festivals.

The court now states that when states have remission policies with clear eligibility criteria, they must consider all eligible convicts, even without applications. Failing to do so would violate Article 14 (right to equality) by discriminating against those unaware of their rights.

Key Directives from the Court

Mandatory Policy Creation: States/UTs without remission policies must adopt one within two months.
Fair Conditions: Remission conditions must be reasonable, non-oppressive, and enforceable. They should prioritize rehabilitation and public safety (citing Mafabhai Motibhai Sagar v. Gujarat, 2024) .
Due Process for Revocation: Remission cannot be revoked without a show-cause notice and hearing. Minor breaches are not grounds for cancellation .
Transparency: Decisions (grant/denial) must include reasons and be communicated to convicts, who retain the right to challenge denials via legal aid .

Indian Prison Crisis

As of December 2022, India’s prisons held 573,220 inmates (131.4% occupancy), with 75.8% awaiting trial. The ruling may reduce overcrowding but primarily impacts convicted prisoners, not undertrials .

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Source:

INDIAN EXPRESS

PRACTICE QUESTION

Q. Critically assess the statement: “Judicial pendency is a symptom of systemic inefficiency, not just a numbers game.” 150 words

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