In Re: Policy Strategy For Grant Of Bail 2025 INSC 239 - S 432 CrPC - Remission Policy - Premature Release

Code of Criminal Procedure 1973 - Section 432 - Bharatiya Nagarik Suraksha Sanhita 2023- Section 473 - (1) Where there is a policy of the appropriate Government laying down guidelines for consideration of the grant of premature release under Section 432 of the CrPC or Section 473 of the BNSS, it is the obligation of the appropriate Government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy. In such a case, it is not necessary for the convict or his relatives to make a specific application for grant of permanent remission. When the jail manual or any other departmental instruction issued by the appropriate Government contains such policy guidelines, the aforesaid direction will apply.(Para 21) (2) Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must be such that they are capable of being complied with. The conditions cannot be vague. The conditions cannot be 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. 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.a) Consideration of various factors which are mentioned by way of illustration is necessary before finalizing the terms and conditions; b) 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; c) 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 d) The conditions cannot be vague and should be capable of being performed. (Para 21,13) (3) Order granting or refusing the relief of permanent remission must contain brief reasons. The order containing reasons should be immediately communicated to the convict through the office of the concerned prison. The copies thereof should be forwarded to the Secretaries of the concerned District Legal Services Authorities. It is the duty of the prison authorities to inform the convict that he has the right to challenge the order of rejection of the prayer for the grant of remission.-An order granting permanent remission cannot be withdrawn or cancelled without giving an opportunity of being heard to the convict. An order of cancellation of permanent remission must contain brief reasons. (Para 21) (4)When the Presiding officer's opinion is sought as per Sub- Sections (2) of Section 432 of the CrPC and Section 473 of the BNNS, the Presiding Officer must submit his opinion at the earliest considering the fact that the issue of liberty of the convict is involved. (Para 20)

Constitution of India - Article 72,161 -Code of Criminal Procedure 1973 - Section 433A : Bharatiya Nagarik Suraksha Sanhita 2023- Section 475 The power of the President of India under Article 72 of the Constitution of India and the power of the Governor under Article 161 of the Constitution to grant pardon, commute the sentence, or remit the sentence remains unaffected by Section 433-A of the CrPC or Section 475 of the BNSS. (Para 3)

Code of Criminal Procedure 1973 - Section 432, 433A : Bharatiya Nagarik Suraksha Sanhita 2023- Section 473, 475 The power under Section 432 of the CrPC is circumscribed by Section 433-A. It provides that where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided or where a sentence of death imposed on a person has been commuted under Section 433 into one of imprisonment for life, the appropriate Government cannot grant remission unless the convict has served at least fourteen years of actual imprisonment. There is an identical provision in Section 475 of the BNSS. This is an embargo on the power of the appropriate Government under Section 432 of the CrPC. (Para 3)