Why in the News?

In a historic judgment, the Supreme Court of India has ruled that prisoners eligible for remission under state policies must be considered for release even if they do not apply for it.

This decision comes as part of the suo motu case “In Re: Policy Strategy for Grant of Bail”, initiated in 2021 to address prison overcrowding.

What is Remission?

• Remission refers to the reduction of a prison sentence without altering the conviction.
• It is different from pardon or commutation, which may involve modifying or canceling the sentence entirely.

Legal Provisions on Remission

• The power of remission is governed by:
  • Section 473 of the Bharatiya Nyaya Suraksha Sanhita (BNSS), 2023 (formerly Section 432 of CrPC) – Grants state governments the power to remit sentences at any time under specific conditions.
  • Section 475 of BNSS (formerly Section 433A of CrPC) – Prevents remission for life convicts guilty of crimes punishable by death until they serve at least 14 years.
  • Articles 72 & 161 of the Constitution – Provide remission powers to the President and Governors at the Union and State levels.
• Earlier, remission was initiated only when a prisoner applied for it, but the new ruling removes this necessity if states already have structured remission policies.

Impact of the Ruling on Prison Reforms

• India’s prison population far exceeds capacity, with a 131.4% occupancy rate (2022 NCRB data).
• Over 75% of prisoners are undertrials—this ruling may not directly help them, but it could ease congestion by enabling timely release of eligible convicts.
• The new ruling ensures all eligible prisoners get equal consideration, preventing biases in prison administration.
• International standards (like UN Nelson Mandela Rules) emphasize prisoner rights and rehabilitation.
• The judgment upholds fairness and reintegration into society.

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