Is the registration of a cognizable offence against a convict, by itself, a ground to cancel an order of remission under sub-section (3) of Section 432 of the CrPC?

No. Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission order. The allegations of breach cannot be taken at their face value, there must be some material to substantiate them, and a minor or a trifling breach cannot be a ground to cancel remission. The appropriate Government must consider the nature of the breach and its seriousness and gravity in the facts of each case.

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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