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GS Analyst: Daily Current Affairs

21st February 2025 (11 Topics)
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SC’s Landmark Decision on Remission and Prisoner Rights

Context

In a significant ruling on the rights of prisoners, the Supreme Court has directed states with remission policies to consider the premature release of prisoners, even if the prisoners do not submit an application for remission beforehand. This decision marks a shift in the court's approach, as it now allows for suo motu (on its own initiative) release of prisoners under certain conditions.

Background of the Case

  • The case, “In Re: Policy Strategy for Grant of Bail,” is a suo motu case that the Supreme Court initiated in 2021 to address the issue of overcrowding in prisons.
  • The ruling came as part of the court’s effort to find a solution to the prison system’s struggles with overcrowding, ensuring that prisoners eligible for remission are considered for early release.
  • Supreme Court's Ruling: The Court noted that several states already have remission policies in place that lay out eligibility criteria for remission.
    • As a result, it held that states must exercise their discretion and consider all eligible convicts for premature release, even if they do not apply for remission themselves.
    • The Court also emphasized that failing to do so would be discriminatory and arbitrary, violating Article 14 (Right to Equality) of the Constitution of India.

Reasons for the Shift

The Court justified its shift in approach by highlighting that:

  • Prison manuals in many states already require prison authorities to initiate proceedings for granting remission.
  • In the earlier cases, the Court had not considered a scenario where a policy for remission was already in place, making the requirement for an application by the convict redundant.
  • The previous rulings aimed to prevent arbitrary releases, especially on festive occasions, but with structured remission policies, the risk of arbitrary releases can be mitigated.

What is the Law on Remission?

  • The law governing the remission of sentences is enshrined under Section 432 of the Criminal Procedure Code (CrPC) and Section 473 of the Bharatiya Nyaya Suraksha Sanhita (BNSS), 2023.
  • These provisions grant state governments the authority to reduce a convict's sentence, allowing for premature release.
  • However, there are some constraints:
    • Convicts serving life sentences or convicted of serious crimes (e.g., death penalty cases) cannot be released until they have served at least 14 years in prison, as per Section 433A of the CrPC and Section 475 of the BNSS.
    • Remission can only be granted when an application is made to the government.
Prison Population in India
  • As of December 2022, India’s prison population stood at over 5.7 lakh, which is a 131.4% occupancy rate.
  • Overcrowding remains a significant issue, with most prisoners being undertrials (75.8% of inmates).
  • The Supreme Court's decision could help address this issue, especially as the number of prisoners granted remission has increased.
  • In 2022, over 5,000 prisoners were released prematurely under remission policies.

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