Governments obliged to consider remission of eligible convicts without waiting for application: SC
1 month ago

Governments obliged to consider remission of eligible convicts without waiting for application: SC

The Hindu  

The Supreme Court in a judgment on Tuesday declared that appropriate governments must consider the premature release of convicts when they become eligible, without waiting for the convicts or their relatives to apply for remission of sentence. “Where there is a policy of the appropriate government laying down guidelines for consideration of the grant of premature release under Section 432 of the Criminal Procedure Code or Section 473 of the Bharatiya Nagarik Suraksha Sanhita 2023, it is the obligation of the appropriate government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy,” a Bench of Justices A.S. Oka and Ujjal Bhuyan directed. Order granting or refusing the relief of permanent remission must contain brief reasons and must be immediately communicated to the convict through the prison office and forwarded to the secretaries of the District Legal Services Authorities concerned. The judgment directed district legal services authorities to maintain relevant data of convicts and do the needful when prisoners become eligible for remission.

Policy Remission Grant Permanent Court Order Convict Premature Release Permanent Remission  granting  remission  eligible  waiting  convicts  grant  permanent  policy  convict  application  consider  court  order  governments  sc  conditions  obliged

History of this topic

State obligated to consider remission plea of all convicts upon eligibility: SC
1 month ago

State obligated to consider remission plea of all convicts upon eligibility: SC

New Indian Express  

NEW DELHI: The Supreme Court on Tuesday passed a slew of directions in the suo motu criminal writ petition of 2021 concerning the strategy for granting bail, as it held that the states and union territories had an obligation to consider the premature release of all convicts and it was not necessary for them to apply for permanent remission. A …

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court
1 month, 1 week ago

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court

The Hindu  

Convicts can be granted ordinary as well as emergency leave even if their appeals, against the conviction, were pending either before the High Court or the Supreme Court provided they were not facing trial in any other case, a Full Bench of the Madras High Court has held. The Full Bench agreed with State Public Prosecutor Hasan Mohamed Jinnah that …

Supreme Court Rejects Conditions for Remission on Breach of Conditions: A Critical Ruling on Remission in Criminal Cases
5 months ago

Supreme Court Rejects Conditions for Remission on Breach of Conditions: A Critical Ruling on Remission in Criminal Cases

Live Law  

The Supreme Court has held that while the State has the discretion to impose conditions on a convict while granting permanent remission, such conditions must be reasonable. The Court held that the conditions imposed by the Gujarat government while granting the convict permanent remission were arbitrary and violated Article 14 of the Constitution of India. The Court also addressed another …

Supreme Court Rejects Conditions for Remission on Breach of Conditions: A Critical Ruling on Remission in Criminal Cases
5 months ago

Supreme Court Rejects Conditions for Remission on Breach of Conditions: A Critical Ruling on Remission in Criminal Cases

Live Law  

The Supreme Court has held that while the State has the discretion to impose conditions on a convict while granting permanent remission, such conditions must be reasonable. The Court held that the power under subsection (1) of Section 432 of the CrPC has to be exercised in a fair and reasonable manner. Therefore, conditions imposed while exercising the power under …

Legally speaking | Understanding the remission guidelines set out in the Bilkis Bano case by the Supreme Court
1 year, 2 months ago

Legally speaking | Understanding the remission guidelines set out in the Bilkis Bano case by the Supreme Court

Hindustan Times  

On Friday, the Supreme Court refused to extend the deadline of surrender by 11 convicts of the Bilkis Bano gangrape case — a few days previously, the top court came down heavily on the government of Gujarat while quashing the order of remission granted by the state government to the 11 convicts in August 2022. In 2022, the Supreme Court …

Cannot deny remission by relying predominantly on presiding judge’s opinion: SC
1 year, 6 months ago

Cannot deny remission by relying predominantly on presiding judge’s opinion: SC

Hindustan Times  

The Supreme Court on Friday said that in granting remissions, state governments should not rely predominantly on the opinion of the presiding judge if it focusses on the crime than on the criminal, as a mechanical approach to rely on the convicting court’s opinion alone to deny pre-mature release of prisoners will subvert the concept of remission and result in …

'Barring Remission For Convicts Who Murdered Public Servants Discriminatory' : Bihar Govt Defends Premature Release Of Anand Mohan
1 year, 8 months ago

'Barring Remission For Convicts Who Murdered Public Servants Discriminatory' : Bihar Govt Defends Premature Release Of Anand Mohan

Live Law  

In a counter affidavit, recently, filed before the Supreme Court, the State of Bihar has defended the early release of former Bihar MP Anand Mohan, convicted in the case for mob lynching of Gopalganj District Magistrate, G. Krishnaiah in 1994. As per the remission policy of the State of Bihar, persons who are convicted for murder of public servants on …

Reviewing remission: The Hindu Editorial on the need for norms to release convicts
2 years, 6 months ago

Reviewing remission: The Hindu Editorial on the need for norms to release convicts

The Hindu  

Public-spirited activists have done well to challenge in the Supreme Court the premature release of 11 convicts who were serving life terms for the gang-rape of a woman and the murder of at least seven people during the 2002 anti-Muslim pogrom in Gujarat. Bilkis Bano, the survivor, has not moved the courts so far, but it is clear that the …

Bilkis convicts’ release case reaches top court
2 years, 6 months ago

Bilkis convicts’ release case reaches top court

Hindustan Times  

The Supreme Court on Tuesday agreed to consider urgently hearing a petition demanding the immediate re-arrest of 11 convicts, who were sentenced in 2008 to a life term for the Bilkis Bano gang-rape and murder of seven members of the survivor’s family, but walked out of jail last week after the Gujarat government cleared their early release under the state’s …

Remission without reform: On the release of 11 convicts in Bilkis Bano case
2 years, 7 months ago

Remission without reform: On the release of 11 convicts in Bilkis Bano case

The Hindu  

The release of 11 convicts sentenced to life for the heinous murder of seven people and the gang-rape of three women during the Gujarat communal pogrom of 2002 is a questionable decision by the State. It defies logic that those convicted for direct involvement in the rape of three women, the murder of a three-year-old and six others can be …

Man In Jail For 29 Yrs- Calcutta High Court Directs Authorities To Decide Application Of Remission Within 45 Days
3 years, 11 months ago

Man In Jail For 29 Yrs- Calcutta High Court Directs Authorities To Decide Application Of Remission Within 45 Days

Live Law  

The Calcutta High Court recently ruled that different authorities including the Government, the Convicting Court, and the Confirming Court should decide Remission Application in the most expeditious manner having regard to the larger framework of Article 21 of the Constitution. The Court specifically said, "The procedure for considering an application for remission of sentence under Section 432 Cr.P.C. Consequently, the …

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]
4 years, 8 months ago

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]

Live Law  

A three judge bench headed by Justice UU Lalit has referred to a larger bench an important legal issue about the validity of Haryana Government's policy allowing premature release of life convicts aged above 75 which overrides Section 433A of Code of Criminal Procedure. "Whether in exercise of power conferred under Article 161 of the Constitution a policy can be …

Remission Can’t Be Denied Only Because Conviction Is In A Heinous Crime: Patna HC [Read Judgment]
8 years ago

Remission Can’t Be Denied Only Because Conviction Is In A Heinous Crime: Patna HC [Read Judgment]

Live Law  

The object of the Section is not to condemn such persons but to ensure that having spent a substantial period of their sentence, they be permitted to come back into society, the bench said.The Patna High Court, in Ravi Pratap Mishra vs. State of Bihar, has observed that merely because a person was convicted in a heinous offence, it is …

Why the Process of Remitting Sentences of Prisoners Needs Reform
8 years ago

Why the Process of Remitting Sentences of Prisoners Needs Reform

Live Law  

On December 2, 2015, the constitution bench of the Supreme Court revisited the powers of the state Government to grant remission, in Sriharan @Murugan Judgement. RECENT PATNA HIGH COURT ORDER In a recent case, a convict, whose premature release was recommended by the State Sentence Remission Board, did not secure his freedom immediately. but others were kept back for several …

After 24 Years of Imprisonment, Nalini again moves Madras HC seeking remission of her sentence
9 years, 3 months ago

After 24 Years of Imprisonment, Nalini again moves Madras HC seeking remission of her sentence

Live Law  

Press Trust of India has reported that Nalini Sriharan who is presently undergoing life imprisonment in the Rajiv Gandhi assassination case has again moved the Madras High Court seeking a direction to Tamil Nadu government to consider her representation for remission of her life term as she has already undergone imprisonment for more than 24 years.She was first awarded death …

After 24 Years of Imprisonment, Nalini again moves Madras HC seeking remission of her sentence
9 years, 3 months ago

After 24 Years of Imprisonment, Nalini again moves Madras HC seeking remission of her sentence

Live Law  

Press Trust of India has reported that Nalini Sriharan who is presently undergoing life imprisonment in the Rajiv Gandhi assassination case has again moved the Madras High Court seeking a direction to Tamil Nadu government to consider her representation for remission of her life term as she has already undergone imprisonment for more than 24 years.She was first awarded death …

Ending politics of remission
9 years, 3 months ago

Ending politics of remission

The Hindu  

The >verdict of a Constitution Bench of the Supreme Court on legal questions relating to grant of remission to life convicts exposes the haste with which the Tamil Nadu government acted in February 2014 in >seeking to release the seven persons serving life terms for plotting to assassinate Rajiv Gandhi in 1991. The court’s finding that the Central government has …

‘Life Sentence’ and ‘Remission’; Questions referred to Constitution Bench in Sriharan Case and the Answers given [Read Judgment]
9 years, 3 months ago

‘Life Sentence’ and ‘Remission’; Questions referred to Constitution Bench in Sriharan Case and the Answers given [Read Judgment]

Live Law  

BackgroundIn Swamy Shraddananda v. State of Karnataka, a three Judge Bench of the Supreme Court held that there is a good and strong basis for the Court to substitute a death sentence by life imprisonment or by a term in excess of fourteen years and further to direct that the convict must not be released from the prison for the …

Whether life imprisonment without remission is constitutionally valid?
10 years, 11 months ago

Whether life imprisonment without remission is constitutionally valid?

Live Law  

Whether Supreme Court can impose life imprisonment without remission? Earlier the Supreme Court had made it clear that in order to balance the scales of justice by imposing life sentence without remission the convict would spend rest of his life in prison.The power of remission is conferred with State and Central Government by the Constitution. Earlier the Supreme Court had …

The politics of remission
11 years, 1 month ago

The politics of remission

The Hindu  

Commutation of a death sentence to life imprisonment could be seen as an act of compassion, but a straight leap from capital punishment to wholesale release as has been proposed by the Tamil Nadu government in the case of the Rajiv Gandhi assassination convicts raises the question whether the very object of penal laws is being subverted. The Supreme Court, …

Discover Related