The Indian constitution grants significant powers to the President and the Governor under Article 72 and Article 161 respectively. Among these is the authority to pardon convicts, a subject that has recently come into the limelight due to new guidelines issued by the Ministry of Home Affairs.
These guidelines affect all the states and union territories of India and pertain to the granting of special remissions to prisoners. The initiative has been undertaken to commemorate the 75th year of India’s Independence.
Special Remission: Eligibility and Exclusion Criteria
As part of the ‘Azadi Ka Amrit Mahotsav’ celebration, certain categories of eligible prisoners will be granted special remission. This will occur in three phases.
Eligible prisoners include women and transgender convicts aged 50 and above, male convicts aged 60 and upwards, physically challenged or disabled convicts with 70% disability or more, terminally ill convicted prisoners, indigent convicts unable to pay their fines, and young offenders aged 18-21. To qualify, convicts must have completed a certain proportion of their total sentence period.
However, not all prisoners qualify for special remission. Those serving a death sentence, life imprisonment, those involved in terrorist activities, dowry deaths, human trafficking, offences under specific acts like Protection of Children from Sexual Offences (POCSO) Act, 2012, etc., are excluded from the scheme.
Understanding the Concept of Remission
Remission is the process of reducing a prisoner’s sentence at a predetermined point. It is distinct from both furlough and parole. Specifically, it involves reducing the duration of the sentence without altering its nature.
The provision for remission exists under the Prison Act, 1894. It allows for the shortening of prisoners’ sentences based on their conduct in jail. In legal terms, once a prisoner’s remission date arrives, they are considered a free individual.
Legal Precedents Pertaining to Remission
There have been several landmark cases involving remission. The Kehar Singh vs. Union of India (1989) case ruled that convicts could not be denied the possibility of remission, as it would be unjust and against the principles of reformation.
A similar precedent was set in the State of Haryana vs. Mahender Singh (2007) case, which stated that although no convict has an absolute right to remission, each case must be individually assessed by the state considering all relevant factors.
Constitutional Provisions: Pardoning Powers of the President and the Governor
Both the President and the Governor are vested with constitutional powers of pardoning convicts. Under Article 72, the President can grant pardons, reprieves, respites, or remissions of punishment or suspend, remit, or commute the sentence of any person convicted under specific criteria.
Similarly, under Article 161, a Governor can exercise these powers for anyone convicted under any law relating to the respective state’s executive power.
Statutory Power of Remission: Explained
The Code of Criminal Procedure (CrPC) provides for remission of prison sentences. Under Section 432, the ‘appropriate government’ has the authority to suspend or remit a sentence, in whole or in part. Section 433 allows for commutation of any sentence to a lesser one.
Understanding Legal Terms
Words like pardon, commutation, remission, respite, and reprieve often feature in legal discourse regarding punishments. Pardon essentially absolves the convict from all punishments and disqualifications. Commutation implies substituting a severe punishment with a lighter one. Remission reduces the duration of the sentence. Respite refers to awarding a lesser sentence due to some special factors, while reprieve means a temporary stay of execution to allow the convict to seek pardon or commutation.
