Remission Rights and Life Imprisonment
Context: In a significant observation, a two-judge bench of the Supreme Court of India, comprising Justices BV Nagarathna and R Mahadevan, stated that the right to seek remission for convicts sentenced to life imprisonment for the rest of their natural life in heinous gangrape cases involving minors is both a constitutional and a statutory right.
What is remission?
Remission is the partial forgiveness or reduction of a sentence by the government without challenging the underlying conviction. It does not imply that the crime is absolved or that the conviction is erased. Instead, it means the convict is released from prison before the completion of their full original sentence term, subject to certain conditions.
- Concept: It is an act of mercy, humanity, and correctional policy aimed at rewarding good behavior in prison and providing an incentive for reformation.
- Not a Right: It is important to note that seeking remission is a right, but granting it is not an obligation of the government.
- It is a discretionary power exercised based on the facts of the case, the conduct of the convict, and established policy.
- Distinction from Other Terms:
- Pardon: Completely absolves the convict of all sentences, punishments, and disqualifications.
- Commutation: Substituting a severe punishment with a less severe one (e.g., a death sentence commuted to life imprisonment).
- Parole: A temporary release from prison for a short period on specific grounds (like a family emergency) without reducing the sentence period.
How is it recognised in India?
The power of remission is rooted in the Constitution and detailed in various statutes, creating a framework where both the central and state governments possess this authority.
- Constitutional Basis (Article 72 and 161):
- Article 72: The President of India has the power to grant pardons, reprieves, respites, or remissions of punishment for any person convicted of any offence.
- Article 161: The Governor of a State has the same power for a person convicted of any offence against state law.
- Statutory Basis (Bharatiya Nagarik Suraksha Sanhita, 2023 – BNSS):
- Section 473: It empowers the Government to suspend or remit the whole or any part of the sentence of any person convicted of an offence.
- Section 474: It allows the Government to commute a punishment to a less severe one.
- Section 474: This clause states that a sentence of imprisonment for life shall mean imprisonment for the remainder of the person’s natural life.
- Section 475: It states that the power of the State Government to suspend, remit, or commute a death sentence is also subject to the concurrent power of the Central Government to do so.
- Policies and Guidelines: Both central and state governments formulate their own remission policies (e.g., on Independence Day or Republic Day) that outline the eligibility criteria for prisoners to apply for remission.
What is its significance?
- Principle of Reformation: It reinforces the idea that the Indian criminal justice system is not merely retributive but also reformative.
- Constitutional Safeguard: The executive’s power of remission is a constitutional safeguard that can be exercised in exceptional circumstances to correct potential miscarriages of justice or undue harshness.
- Hope and Incentive: For prisoners serving long sentences, the possibility of remission provides a ray of hope and a powerful incentive to adhere to prison rules, engage in educational activities, and work towards their own rehabilitation.
- Separation of Powers: While the judiciary’s role is to adjudicate guilt and pronounce sentences, the executive has the constitutional prerogative to grant mercy and remission based on broader considerations of public welfare and humanity.
- Debate on Certain Crimes: The observation also fuels the ongoing societal and legal debate about whether certain heinous crimes, like the rape of minors or terrorism, should be completely excluded from the scope of remission, balancing the ideals of reformation with the demands of deterrence and societal justice.
