Remission policy in India

Remission policy in India

News: Recently, The Supreme Court struck down the remission granted to 11 men convicted in the Bilkis Bano gang rape case of 2002.

What is Remission?
• Remission means that the duration of the sentence announced by the court can be cut short under special circumstances while the nature of the sentence remains the same, depending upon the nature of the crime.

What are the Constitutional provisions laws and grounds that govern remission in India?
• Constitutional Provisions: By virtue of Article 72 and 161 of the Constitution of India, the President and Governor can grant pardon, to suspend, remit or commute a sentences passed by the courts.
• Prison Act, 1894: Remission has been defined under the said act.
• Criminal Procedure Code: The appropriate State government under Section 432 of the Criminal Procedure Code, 1973 (CrPC) may remit the whole or part of the punishment to which a convict has been sentenced. In case of life imprisonment convicts, this remission can be done only after a period of 14 years in jail as per Section 433A of the CrPC.
• Kehar Singh vs. Union of India (1989): The Supreme Court observed that the courts cannot deny to a prisoner the benefit to be considered for remission of sentence. Denial of remission is against the principles of reformation and pushes the convict into a dark hole.
• State of Haryana vs. Mahender Singh (2007): No convict has a fundamental right of remission.

What are the grounds for remission in India?
The general law on remission in India is governed by the 2000 Supreme Court case of Laxman Naskar vs. State of West Bengal. This case sets out specific conditions against which an order of remission must be evaluated. The Supreme Court laid down five grounds on which remission is considered. They are:
• Whether the offence is an individual act of crime that does not affect the society.
• Whether there is a chance of the crime being repeated in future.
• Whether the convict has lost the potentiality to commit crime
• These grounds for remission are considered by the Sentence Review Board. However, the exact application and interpretation of remission can vary depending on the specific laws and circumstances. It’s always best to consult with a legal expert for advice on specific cases.

What are arguments in favor of Remission?
• Reformation and Rehabilitation: Remission is based on the belief that a criminal can be reformed and rehabilitated. It is seen as a second chance for the convict to reintegrate into society.
• Good Conduct in Prison: Remission can be granted based on the convict’s conduct in prison. This encourages prisoners to behave well and participate in prison activities.
• Overcrowding in Prisons: Remission can help alleviate the problem of overcrowding in prisons.
• Humanitarian Grounds: In some cases, remission may be granted on humanitarian grounds, such as terminal illness.
• Power of the State: The State government has the power under Section 432 of the CrPC to grant remission.
• Cost Savings: Remission results in cost savings associated with the maintenance and management of prisons.

What are some arguments against Remission?
• Concerns About Public Safety: The focus on rehabilitation and good behavior might not address the risk to public safety. A convict released early could potentially pose a threat to society.
• Controversial Cases and Public Outcry: Remission, especially in high-profile or controversial cases, can lead to public outcry. The early release of convicts in such cases might be seen as a failure of the justice system.
• Inconsistency in Application: The application of remission can vary widely, leading to inconsistencies. This could result in perceived unfairness in the justice system.
• Victims’ Rights: Critics argue that remission can overlook the rights and sentiments of victims and their families. They may feel that justice has not been served if a convict is released early.
• Lack of Transparency: The decision-making process for remission is not always transparent, leading to skepticism about the criteria authorities consider.
• Dilution of Deterrence: The early release of convicts might dilute the deterrent effect of punishment. If potential offenders believe they could be released early, they might be less deterred from committing crimes.

Way Forward
• Ensure there is transparency in Decision-making and each case must be carefully considered before any verdict is delivered on remission.