Supreme Court of India· 18 February 2025
Under sub-Section (1) of Section 432 of the CrPC, may the appropriate Government attach conditions to an order of permanent remission, and what must those conditions satisfy?
In Re: Policy Strategy for Grant of Bail
2025 INSC 239
Coram: Abhay S. Oka; Ujjal Bhuyan
Answer
Yes. The appropriate Government has the power to grant remission without imposing any condition or subject to certain conditions, so a conditional order of permanent remission can be passed. The conditions must be reasonable and capable of being complied with, cannot be vague and cannot be oppressive, and must aim at ensuring that the criminal tendencies of the convict remain in check and that he rehabilitates himself in society. Arbitrary conditions stand vitiated due to violation of Article 14 and may violate the convict's rights under Article 21.
Headnote
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)
In the Court's own words
Paragraph 11On a plain reading of sub-Section (1) of Section 432 of the CrPC and the corresponding provision under the BNSS, the appropriate Government has the power to grant remission without imposing any condition or subject to certain conditions. Therefore, there cannot be any doubt that a conditional order can be passed by the appropriate Government granting permanent remission. Different States have different provisions in this regard. Rule 40 of Karnataka Prison Rules, 1974 provides for an appropriate government granting remission under Section 432 unconditionally, and once it is granted, it cannot be forfeited under any circumstances. Under Rule 547 of the Kerala Prison Rules, 1958, conditions have been incorporated for the grant of remission, such as executing a bond and regular reporting to the Probation Officer, etc. There are provisions made in the policies of some other States incorporating the requirement of passing conditional orders of permanent remission.
Paragraph 12In the case of Mafabhai Motibhai Sagar v. State of Gujarat[^4], this Court dealt with the nature of conditions which could be imposed. In clause (iv) of paragraph 17 of the said decision, this Court held thus:
Paragraph 13While granting remission, reasonable conditions can be imposed. 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. Therefore, to summarise: 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.
Acts & Sections
s.432 Code of Criminal Procedure, 1973s.473 Bharatiya Nagarik Suraksha Sanhita, 2023s.433-A Code of Criminal Procedure, 1973s.475 Bharatiya Nagarik Suraksha Sanhita, 2023Art. 14 Constitution of IndiaArt. 21 Constitution of IndiaArt. 72 Constitution of IndiaArt. 161 Constitution of IndiaOne judgment a day. That's the whole habit.
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