Important Supreme Court and Bombay HC judgments on Remission of convict

 

1) Supreme court guidelines for releasing convict prematurely on remission

This Court also issued certain guidelines as to the basis on which a convict can be released prematurely and they are as under:

1. Whether the offence is an individual act of crime without affecting the society at large.

2. Whether there is any fruitful purpose of confining of this convict anymore.

3. Whether there is any chance of future recurrence of committing crime.

4. Whether the convict has lost his potentiality in committing crime.

5. Socio-economic condition of the convict's family. {Para 6}.

IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) No. 110 of 2000

Decided On: 01.09.2000

Life Convict Laxman Laskar Vs. State of West Bengal and Ors.

Hon'ble Judges/Coram:

S. Rajendra Babu and Shivaraj V. Patil, JJ.

Author: S. Rajendra Babu, J.

Citation:  MANU/SC/3130/2000,(2000)7 SCC 626.

https://www.lawweb.in/2024/06/supreme-court-guidelines-for-releasing.html

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Basic concept of remission and commutation of sentence of convict and distinction between them

 In the context of the Criminal Procedure Code (CRPC) in India, the concepts of remission and commutation of a sentence pertain to the modification of a convict's punishment. Here are the basic concepts and distinctions between remission and commutation:

Basic Concepts:

1. Remission of Sentence:

   • Definition: Remission refers to the reduction or mitigation of the term of imprisonment without changing the nature of the sentence.
   • Authority: The power to remit a sentence is typically vested in the executive branch of the government, often exercised by the Governor or the President, depending on the nature of the offense.
   • Purpose: Remission is usually granted based on factors such as good conduct during imprisonment, completion of a certain percentage of the sentence, or humanitarian considerations.
   • Outcome: The primary outcome of remission is a reduction in the actual duration of imprisonment, allowing the convict to be released earlier than initially sentenced.

2. Commutation of Sentence:

• Definition: Commutation involves the substitution of a milder form of punishment for a more severe one, changing the nature of the sentence.

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What is object of judicial appraisal by Judge while grant remission to prisoner?

 As observed earlier, in the case of State of Haryana Vs.
Mohinder Singh & Ors (supra), the decision to grant remission has to be
reasonable and fair to all the concerned and that the grant of remission is
statutory. The object of providing for judicial appraisal is to ensure that the
Order or the Policy or the Rules of the State Government for grant of
remissions are applied and implemented reasonably and fairly. When a
Judicial Officer makes a judicial appraisal of the entitlement of the prisoner
for grant of the State remission under the said Government Circular, the
scope of judicial appraisal is to examine whether the case of the prisoner is
covered by the Order contained in the said Government
Resolution/Circular.
11] In the present case, we find that the learned Additional Sessions
Judge has not even adverted to the said Government Circular with a view
to ascertain whether the petitioner is entitled to the benefit of remission.
He has merely observed that considering the nature of the offence
committed by the petitioner, he should be denied remission.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1414 OF 2018

Satish Dada Londhe Vs The State of Maharashtra 


CORAM : A.S. OKA & A.S.GADKARI, J.J.
DATE : 1st February 2019.
(Per A.S. Oka, J.)

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