Can an order granting permanent remission be cancelled under sub-section (3) of Section 432 of the CrPC without a show cause notice and an opportunity of being heard?

No. Cancellation results in the convict being taken to prison for undergoing the remaining part of the sentence, so this drastic power cannot be exercised without following the principles of natural justice. A show cause notice containing the grounds must be served, the convict must be given an opportunity to file a reply and of being heard, and the authority must then pass an order stating brief reasons. The convict can challenge the order of cancellation under Article 226 of the Constitution.

Code of Criminal Procedure, 1973 — s.432 — s.433-A — Bharatiya Nagarik Suraksha Sanhita, 2023 — s.473 — Constitution of India — Arts. 14, 21 — Permanent remission — Premature release — Conditions — Cancellation — Recording of reasons — Code of Criminal Procedure, 1973 — s.432 — Premature release — policy obliges consideration without application — Held: Where the appropriate Government has a policy laying down guidelines for premature release, it is obliged to consider the case of every eligible convict without any application; granting relief only to those who apply is discriminatory and arbitrary. (¶8, 21) Code of Criminal Procedure, 1973 — s.432(1) — Conditional remission — conditions reasonable and capable of being performed — Held further: Conditions attached to permanent remission must be reasonable, capable of being complied with, and neither vague nor oppressive; they must keep the criminal tendencies of the convict in check and secure his rehabilitation in society. (¶13, 21) Code of Criminal Procedure, 1973 — s.432(3) — Cancellation of remission — natural justice and brief reasons — Held further: Remission cannot be cancelled without a show cause notice, an opportunity of being heard and brief reasons; registration of a cognizable offence is not per se a ground, and a minor or trifling breach will not do. (¶14, 16) Code of Criminal Procedure, 1973 — s.432 — Constitution of India — Art. 21 — Reasons for grant or refusal — Held further: The requirement of recording brief reasons is read into Section 432, and the order must be communicated to the convict with information of his right to challenge it. States without a policy were directed to formulate one within two months. (¶17, 18, 21)

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