Supreme Court Directs States to Consider Premature Release of Eligible Prisoners Without Prior Application

(Source – Indian Express, Section – Explained – Page No. – 14)

 Analysis of the news:

Understanding Remission Laws in India

• Remission refers to the reduction of a convict’s sentence duration.
• Under Section 473 of the Bharatiya Nyaya Suraksha Sanhita (BNSS) and Section 432 of the Code of Criminal Procedure (CrPC), state governments have the authority to remit sentences at any time, subject to certain conditions.
• However, prisoners convicted of severe crimes, such as those punishable by death, are ineligible for remission until they have served at least 14 years in prison.

Supreme Court’s Reasoning Behind the Shift

• Previously, in Sangeet v. State of Haryana and Mohinder Singh v. State of Punjab (2013), the SC ruled that remission required an application by the convict.
• However, the latest judgment recognizes that many state prison manuals mandate prison superintendents to initiate remission proceedings.
• The court ruled that not exercising this discretion when eligibility conditions are met would be discriminatory, violating Article 14 of the Constitution.

Key Directions Issued by the Supreme Court

To ensure uniform implementation, the SC issued several directives:

• Exhaustive Remission Policies: States must establish detailed remission policies within two months if absent.
• Reasonable Conditions: Remission conditions should be realistic, focusing on public safety, rehabilitation, and the convict’s criminal background.
• Fair Process for Cancellation: States must notify convicts and allow them to respond before cancellation of remission, ensuring that minor breaches do not automatically result in revocation.

Implications for Prison Overcrowding

• India’s prisons face a severe overcrowding issue, with a 131.4% occupancy rate as of December 2022.
• The SC’s decision may alleviate this to some extent by expediting the release of eligible convicts.
• However, since 75.8% of inmates are undertrials awaiting trial outcomes, broader reforms addressing undertrial detention remain crucial.

Conclusion

• The Supreme Court’s progressive stance on remission underscores the importance of equitable justice and the rehabilitation of convicts.
• By mandating states to proactively consider remission cases and setting clear guidelines, the judgment seeks to balance public safety, prisoners’ rights, and the pressing need to decongest Indian prisons.

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