Conditions Imposed In Order Granting Permanent Remission Must Ensure That Convict’s ‘Criminal Tendencies’, If Any, Remain In Check: SC
The Supreme Court issued guidelines on the grant of remission for convicts.
The Supreme Court held that the conditions imposed in an order granting permanent remission must ensure that the ‘criminal tendencies’ of a convict, if any, remain in check.
The Court issued guidelines on the grant of remission for convicts, directing those States and Union Territories that do not have a policy dealing with the grant of remission in terms of Section 432 of the CrPC or Section 473 of the BNSS to formulate a policy within two months. The Bench delved into the issue regarding the nature of conditions imposed while granting remission.
A Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan held, “Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. Consideration of various factors, which are mentioned in the paragraph 13 above by way of illustration, is necessary before finalizing the conditions. The conditions must aim at ensuring that the criminal tendencies, if any, of the convict remain in check and that the convict rehabilitates himself in the society. The conditions should not be so oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed.”
The amicus curiae, Senior Advocate Liz Mathew, assisted by AOR Navneet R., presented submissions on the subject.
Brief Facts
The Judgment arose from the Suo Motu Writ Petition where the Court examined the policy framework for the remission of the sentence of convicts. The Court analyzed the provisions under Section 432 of the CrPC and Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which govern the remission of sentences.
The Court noted that the power to remit sentences is vested in the appropriate government but must be exercised in a manner that upholds constitutional guarantees under Articles 14 and 21 of the Constitution of India.
Court’s Reasoning
The Supreme Court emphasised that under Section 432 (1) of the CrPC and the corresponding provision under the BNSS, the appropriate Government has the power to grant remission without imposing any condition or subject to certain conditions. “Therefore, there cannot be any doubt that a conditional order can be passed by the appropriate Government granting permanent remission,” it clarified.
The Court referred to its decision in Mafabhai Motibhai Sagar v. State of Gujarat, wherein it was held that the “Conditions imposed while exercising the power under sub-section (1) of Section 432 or sub-section (1) of Section 473 of the BNSS must be reasonable. If the conditions imposed are arbitrary, the conditions will stand vitiated due to violation of Article 14. Such arbitrary conditions may violate the convict’s rights under Article 21 of the Constitution.”
While granting remission, the Bench explained that reasonable conditions can be imposed, conditions that are capable of being complied with and are not vague or oppressive.
“When a convict is released by granting relief of permanent remission, it is necessary to ensure that he is rehabilitated in society. It is necessary to consider the nature of the crime he committed. To fix terms and conditions, it is necessary to ascertain the motive for committing the crime for which he was punished. Even criminal background needs to be taken into consideration,” it remarked.
The Court further explained, “Another concern that must be taken care of is public safety. Even the impact on society and the victims of the offence needs to be considered while determining the terms and conditions. In short, 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.”
With respect to the question of the legal effect of a breach of terms and conditions on which remission is granted, the Court referred to the Mafabhai Motibhai Sagar (supra), wherein it was held that “The allegations of breach of condition cannot be taken at their face value, and whether a case for cancellation of remission is made out will have to be decided in the facts of each case. Every case of breach cannot invite cancellation of the order of remission. The appropriate Government will have to consider the nature of the breach alleged against the convict. A minor or a trifling breach cannot be a ground to cancel remission. There must be some material to substantiate the allegations of breach. Depending upon the seriousness and gravity thereof, action can be taken under sub-section (3) of Section 432 of the CrPC or sub-section (3) of Section 473 of the BNSS of cancellation of the order remitting sentence.”
Consequently, in terms of the conditions that can be imposed, the Court ordered:
- “Consideration of various factors which are mentioned by way of illustration is necessary before finalizing the terms and conditions;
- 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;
- 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
- The conditions cannot be vague and should be capable of being performed.”
Cause Title: In Re: Policy Strategy For Grant Of Bail (Neutral Citation: 2025 INSC 239)
Appearance:
ASG K M Nataraj; Senior AAG Lokesh Sinhal and Arunabh Chowdhury; AAG Avdhesh Singh, Amit Sharma and Sansriti Pathak; DAG Kartikeya Rastogi, Bhupendra Pratap Singh and Shekhar Raj Sharma; Advocate General Lenin Singh Hijam; Senior Advocates Liz Mathew, Tapesh Kumar Singh, Shirin Khajuria, Ashok Kumar Panda, P.V. Surendranath and Apoorv Kurup; Advocates Malika Agarwal, Alankrita Sinha, Devansh A. Mohta, Utkarsh Singhal, Aditya Malhotra, Prerna Dhall, Shivam Ganeshia, Rajyavardhan Mall, et al; AOR Navneet R., Aishwarya Sinha, Prashant Singh, Mukesh K. Giri, Shovan Mishra, Swati Ghildiyal, Asmita Singh, Kunal Mimani, Partha Sil, et al
