REMISSIONS
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- The state government of Gujarat has released 11 convicts in the Bilkis Bano murder and gang rape case of 2002.
- They were released under the remission and premature release policy of the state government.
Law on Remissions
- Under Articles 72 and 161 of the Indian Constitution, the President and Governors have the power to pardon, suspend, remit, or commute a verdict passed by the courts.
- Since prisons are a state subject, state governments also have authorities under Section 432 of the Code of Criminal Procedure (CrPC) to remit sentences.
- Section 433A of the CrPC puts certain limitations on state government powers of remission:
- Where a sentence of life imprisonment is imposed on a person for an offence for which death is one of the punishments provided by law.
- Such person shall not be released from prison unless he had served at least fourteen years of imprisonment.
- Prisoners are usually released on the birth and death anniversaries of prominent leaders and other important events (Independence Day, Republic Day, Gandhi Jayanti, etc).
- Where a sentence of life imprisonment is imposed on a person for an offence for which death is one of the punishments provided by law.
Grounds for remission
- The many States have set up their Sentence Review Board to exercise the powers under Section 432 of the CrPC.
- The policy varies from state to state; broadly the grounds for remission considered by the Board are the same.
- The Supreme Court has highlighted that states cannot arbitrarily exercise the power of remission and they must need to follow due process.
- The following factors need to be considered before granting remission;
- The seriousness of the crime.
- The status of the co-accused.
- Conduct of accused in jail.
- The Supreme court in the ‘Laxman Naskar v. Union of India’ (2000) case verdict has laid down 5 grounds on which remission is considered:
- Whether the offence is an individual act of crime that does not affect society.
- Whether there is a chance of the crime being repeated in future.
- Whether the convict has lost the potential to commit a crime.
- Whether any purpose is being served in keeping the convict in prison.
- Socio-economic conditions of the convict’s family.
- Jail manuals contain rules that allow certain days of remission every month for the good behaviour of convicts.
- However, convicts serving life sentences are entitled to seek remission only after serving a minimum of 14 years.
https://indianexpress.com/article/explained/explained-the-bilkis-case-remissions-8094290/
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