REMISSION
Why in News
- To commemorate the 75th year of Independence, MHA issued a set of guidelines to the States and the Union Territories on the grant of special remission to prisoners.
1. Background
- Remission is the complete ending of a sentence at a reduced point.
- Remission is distinct from both furlough and parole in that it is a reduction in sentence as opposed to a break from prison life.
2. Constitutional Provisions
- Both the President and the Governor have been vested with sovereign power of pardon by the Constitution.
- Under Article 72, the President can grant pardons, reprieves, respites or remissions of punishment or suspend, remit or commute the sentence of any person.
- This can be done for any person convicted of any offence in all cases where:
- the punishment or sentence is by a court-martial, in all cases where the punishment or
- sentence is for an offence under any law relating to the Union government’s executive power, and in all cases of death sentences.
- Under Article 161, a Governor can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute the sentence.
- This can be done for anyone convicted under any law on a matter which comes under the State’s executive power.
3. Statutory backing for the remission
- The Code of Criminal Procedure (CrPC) provides for remission of prison sentences, which means the whole or a part of the sentence may be cancelled.
- Under Section 432, the ‘appropriate government’ may suspend or remit a sentence, in whole or in part, with or without conditions.
- Under Section 433, any sentence may be commuted to a lesser one by the appropriate government.
- This power is available to State governments so that they may order the release of prisoners before they complete their prison terms.
- The power of remission under the CrPC is different from the constitutional power enjoyed by the President and the Governor.
- Under the CrPC, the government acts by itself.
- Under Article 72 and Article 161, the respective governments advise the President/Governor to suspend, remit or commute sentences.
- Despite the fact that it is ultimately the decision of the government, in either case, the Supreme Court has made it clear that the two are different sources of power.
- In Maru Ram etc. vs Union of India (1980), the SC said: Section 432 and Section 433 of the CrPC are not a manifestation of Articles 72 and 161 of the Constitution but a separate, though similar, power.
4. Remission as a matter of Right
- The Remission system has been defined under the Prison Act, 1894 to be a set of rules formulated for the time being in force regulating the award of marks to, and the consequent shortening of sentence of, prisoners in Jail.
- It was observed in the Kehar Singh vs. Union of India (1989) case that Courts cannot deny a prisoner the benefit to be considered for the remission of sentence.
- By denying, the prisoner would have to live in the prison till his/her last breath without there being a ray of hope to be free again.
- This would not just be against the principles of reformation but will also push the convict into a dark hole without there being a semblance of light at the end of the tunnel.
- The Supreme Court also in the case of State of Haryana vs. Mahender Singh (2007) observed that:
- even though no convict has a fundamental right to remission, the State in the exercise of its executive power of remission must consider each individual case keeping in view the relevant factors.
- Further, the Court was also of the view that a right to be considered for remission must be held to be a legal one.
- This is by keeping in view the constitutional safeguards for a convict covered under Articles 20 and 21 of the Constitution.
5. Special remission would be granted
- As part of the Azadi Ka Amrit Mahotsav celebrations, a special remission would be granted to a certain category of prisoners.
- These prisoners would be released in three phases — August 15, 2022, January 26, 2023, and August 15, 2023.
6. Prisoners to qualify for premature release under the scheme
- The prisoners who would qualify for premature release under the scheme are:
- women and transgender convicts of ages 50 and above and male convicts of 60 and above
- These convicts must have completed 50% of their total sentence period without counting the period of general remission earned.
7. Other eligible prisoners
- physically challenged or disabled convicts with 70% disability and more who have completed 50% of their total sentence period,
- terminally ill convicted prisoners who have completed two-thirds (66%) of their total sentence and
- poor or indigent prisoners who have completed their sentence but are still in jail due to non-payment of fine imposed on them by waiving off the fine.
8. Other categories of prisoners eligible for the remission
- Persons who committed an offence at a young age (18-21) and with no other criminal involvement or case against them and who have completed 50% of their sentence period would also be eligible.
9. Prisoners excluded from the scheme
-
- Persons convicted with death sentence or where the death sentence has been commuted to life imprisonment or
- persons convicted for an offence for which punishment of death has been specified as one of the punishments.
- Persons convicted with a sentence of life imprisonment, convicts involved in terrorist activities or
|
10.Committee to examine the cases of eligible persons
- The States and the UTs were told to constitute a State-level screening committee to examine the cases of eligible persons.
- This committee would comprise the Home Secretary, Law Secretary, Director or Inspector-General of Prisons.