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Supreme Court’s on Prisoner Remission
February 24 , 2025
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- The Supreme Court has directed states with remission policies to consider the premature release of prisoners even if they don’t apply for remission beforehand.
- With the exceptions for certain kinds of convicts, states are empowered to release prisoners before the completion of their sentence under the BNSS and the CrPC - 1973.
- The power of remission refers to the power to reduce the period of a sentence for a person who has been found guilty of a crime.
- Section 473 of the BNSS (and Section 432 of the CrPC) grants state governments the power to remit sentences “at any time”.
- The states also may cancel the remission granted and arrest the convict again without a warrant.
- This is separate from the power of the President and the Governor to remit the sentences under Articles 72 and 161 of the Constitution respectively.
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