Must the appropriate Government record reasons while granting or rejecting a prayer for permanent remission under Section 432 of the CrPC, and must that order be communicated to the convict?

Yes. The power affects the convict's liberty guaranteed under Article 21, so the requirement of recording reasons for granting or rejecting the prayer for permanent remission is read into Section 432 of the CrPC and Section 473 of the BNSS. Brief reasons sufficient to enable the convict to understand why his prayer was rejected must be recorded, the order must be communicated to him and he must be informed of his right to challenge it, and a copy must be provided immediately to the Secretary of the District Legal Services Authority so that legal aid can be offered.

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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