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Criminal · Reportable judgment

In Re: Policy Strategy for Grant of Bail vs -

Court
Supreme Court of India
Date
18 February 2025
Case No.
Suo Motu Writ Petition (Crl.) No. 4 of 2021
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2025] 2 S.C.R. 1588 : 2025 INSC 239
Acts & Sections
CrPC Bharatiya Nagarik Suraksha Sanhita, 2023 Karnataka Prison Rules, 1974 Kerala Prison Rules, 1958
Supreme Court Reports [2025] 2 S.C.R. 1588 : 2025 INSC 239
Issue for consideration
The first issue is whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission. The second issue is about the nature of conditions imposed while granting remission. The third issue is whether there can be automatic revocation of remission granted to the convict if he commits a breach of the terms and conditions on which remission is granted. Lastly, another question is whether there is a requirement to record reasons while rejecting applications of the convicts for grant of permanent remission.
Headnote

Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission:

Held: Where there is a policy of the appropriate Government laying down guidelines for consideration of the grant of premature release u/s.432 of the CrPC or Section 473 of the BNSS, 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 – In such a case, it is not necessary for the convict or his relatives to make a specific application for grant of permanent remission – When the jail manual or any other departmental instruction issued by the appropriate Government contains such policy guidelines, the aforesaid direction will apply – Further, direction issued to those States and Union Territories that do not have a policy dealing with the grant of remission in terms of s.432 of the CrPC or s.473 of the BNSS to formulate a policy. [Para 21(a), (b)] Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Nature of conditions imposed while granting remission:

Held: The conditions must be such that the same ensures that the criminal tendency of the convicts remains in check, they do not indulge in the commission of crimes, and they are rehabilitated in society – Their proper rehabilitation is most vital as it prevents them from going back to their criminal activities – Therefore, it can be summarized as: a) Consideration of various factors which are mentioned by way of illustration is necessary before finalizing the terms and conditions; b) The conditions must aim at ensuring that the criminal tendencies, if any, of the convict remain in check and the convict rehabilitates himself in society; c) The conditions should not be so oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission; and d) The conditions cannot be vague and should be capable of being performed. [Para 13]

Read the full headnote (5 more paragraphs)

Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Whether there can be automatic revocation of remission granted to the convict if he commits a breach of the terms and conditions on which remission is granted:

Held: In the case of Mafabhai Motibhai Sagar, it was held that an order granting permanent remission cannot be withdrawn or cancelled without giving an opportunity of being heard to the convict – An order of cancellation of permanent remission must contain brief reasons. [Para 21(e)]

Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Whether there is a requirement to record reasons while rejecting applications of the convicts for grant of permanent remission: Held: The power to grant premature release must be exercised in a fair and reasonable manner – It affects the convict’s liberty guaranteed u/Art.21 of the Constitution – Therefore, the requirement of recording reasons either for granting or rejecting the prayer for permanent remission will have to be read into the provisions of s.432 of the CrPC and s.473 of the BNSS – Principles of natural justice must be read into the provisions of s.432 of the CrPC – Furthermore, it follows that the order passed by the appropriate Government of either granting or rejecting the prayer for remission must be communicated to the convict – If the prayer is refused, while providing a copy of the order to the convict, he must be informed that he has a right to challenge the order. [Paras 17, 18] Standard Operating Procedure on legal assistance, operationalisation, and co-ordination in improving the process of premature release, parole, furlough of prisoners, 2022 – Formulated by National Legal Services Authority (NALSA) – Direction issued:

Held: The District Legal Services Authorities directed to implement NALSA SOP in its true letter and spirit. [Para 21(f)] Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Directions issued: Held: The District Legal Services Authorities shall also monitor implementation of guidelines for consideration of the grant of premature release u/s.432 of the CrPC or s.473 of the BNSS, where there is a policy of the appropriate Government laying down guidelines – For this purpose, the District Legal Services Authorities shall maintain the relevant date of the convicts and as and when they become eligible to a consideration for grant of premature release – The State Legal Services Authorities directed to create a portal on which the data as aforesaid can be uploaded on real time basis. [Para 21(g)]

Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Presiding Officer’s duty: Held: When the Presiding officer’s opinion is sought as per SubSections (2) of s.432 of the CrPC and s.473 of the BNNS, the Presiding Officer must submit his opinion at the earliest considering the fact that the issue of liberty of the convict is involved. [Para 20]

Keywords: Remission · Section 432 of Code of Criminal Procedure, 1973 · Section 473 of Bharatiya Nagarik Suraksha Sanhita, 2023 · Power to grant remission · Conditions for granting remission · Automatic revocation of remission · Revocation of grant of remission · Requirement of recording reasons · Standard Operating Procedure on legal assistance, operationalisation, and co-ordination in improving the process of premature release, parole, furlough of prisoners, 2022

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Abhay S. Oka, J. 1) We are dealing with the power of the appropriate Government to remit the whole or a part of the sentence of the convicts. A detailed note on the subject has been submitted by Ms. Liz Mathew, learned senior counsel appointed as amicus curiae, duly assisted by learned counsel Shri Navneet R. We have heard the submissions of the learned amicus. As far as the remission of the sentence of the convicts is concerned, there are provisions under Section 432 of the Code of Criminal Procedure, 1973 (for short, ‘the CrPC’) and Section 473 of the Bharatiya Nagarik Suraksha Sa
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