The Supreme Court has issued directives requiring state governments and union territories to proactively review cases for the premature release of convicts under existing remission policies, even if they have not applied for it.
A bench of Justices Abhay S. Oka and Augustine George Masih emphasized that if a government has a remission policy, it must automatically evaluate all eligible prisoners instead of waiting for formal applications. Denying consideration solely due to the absence of an application would be discriminatory and violate constitutional principles.
Mandating Fair and Rational Use of Remission Powers
The court stressed that remission powers under Section 432 of the Code of Criminal Procedure (CrPC) and Section 473 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) must be exercised fairly. It ordered all states without a clear remission policy to create one within two months, either as a separate framework or within prison manuals.
Defining Conditions for Release
While granting remission, the court stated that any conditions imposed must be reasonable, clear, and not excessively restrictive. Authorities should consider factors such as the nature of the crime, rehabilitation prospects, and public safety before approving an early release.
Guidelines for Revoking Remission
The court clarified that remission can be revoked if an inmate violates set conditions, but the government must provide a written explanation and a chance for the convict to respond before cancellation. The decision to revoke remission impacts fundamental rights, requiring a fair hearing and justification.
Ensuring Transparency and Accountability
To uphold fairness, the court directed that all decisions—whether granting or denying remission—must include written reasons, promptly communicated to the inmate and relevant legal authorities. It also mandated the establishment of a digital tracking system to monitor eligible cases in real time.
These landmark directives reinforce the principle that remission policies should be implemented equitably, ensuring that all eligible convicts receive due consideration for early release without bureaucratic hurdles.