Context:
Supreme Court sets aside release of 11 life convicts in Bilkis Bano case
Remission:
- It implies reducing the period of a sentence without changing its character.
Constitutional power of Remission:
- Authority- President and Governor have the power to give remission
- Articles- President, under Article 72 and Governor, under Article 161.
- Not their discretionary powers, but have to be exercised in accordance with the advice of respective governments.
Statutory power of Remission:
- Included in – Criminal Procedure Code (CrPC), Section 432
- Authority- State Governments
- Only the state where the jurisdiction takes place can consider the application seeking remission.
- Section 433 A – The appropriate Government may commute a sentence for imprisonment for a term not exceeding fourteen years.
Land mark judgements
- Maru Ram vs. Union of India (1980)– SC declared that, the statutory power of remission is not a manifestation of Articles 72 and 161 of the Constitution, but a separate power.
- Repronounced in State of Haryana vs. Raj Kumar (2021)
- Sangeet vs. State of Haryana (2012)- remission should be granted by the appropriate government only on a “case-by-case basis” and not in a wholesale manner
- Laxman Naskar vs. State of West Bengal (2000)- SC laid down the following guidelines for considering premature release such as
- Whether the convict has lost his potential to commit a crime
- Socio-economic condition of the convict’s family
Other Associated Terms: Furlough and Parole
- Furlough
- matter of right to prisoners.
- Objective- to break the monotony of imprisonment
- Parole
- not seen as a matter of right.
- Granted on specific reason like the death of a relative and is subject to the prisoner’s behaviour.
- Remission
- distinct from both furlough and parole
- remission is a reduction in sentence as opposed to a break from prison life.
Source: The Hindu
Previous Year Question
Which of the following are the discretionary powers of the Governor of a State?
1. Sending a report to the President of India for imposing the President’s rule.
2. Appointing the Ministers.
3. Reserving certain bills passed by the State Legislature for consideration of the President of India.
4. Making the rules to conduct the business of the State Government.
Select the answers using the codes given below:
[UPSC Civil Services Exam – 2014 Prelims]
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Answer: (b)
Explanation:
Statement 2 and statement 4 are not correct. Appointing the Ministers and making the rules to conduct the business of the State does not come under the discretionary powers of the Governor of a State.
