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16 Jun 2022 Remission

Posted at 18:19h in Daily current-affairs by khyati khare 0 Comments

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The Ministry of Home Affairs has issued guidelines to states and union territories to give special exemption to prisoners on the occasion of 75th year of independence.

A certain category of prisoners will be given special exemption as part of Azadi Ka Amrit Mahotsav celebrations. These prisoners will be released in three phases.

Female and transgender prisoners aged 50 years and above and male prisoners aged 60 years and above.
These prisoners will have to complete 50% of their total sentence without counting the period of normal remission earned.
Physically handicapped prisoners with a disability of 70% or more who have completed 50% of their total sentence.
Critically ill convicted prisoners who have completed two-thirds (66%) of their total sentences.
Poor or impoverished prisoners who have completed their sentences but are still in jail for not paying the fines imposed on them.
Persons who have committed an offense at a young age (18-21) and have no other criminal involvement or case against them and have completed 50% of their term of sentence will also be eligible.

Persons convicted with a sentence of death or where the sentence of death has been commuted to imprisonment for life or has been convicted of an offense for which the death penalty is specified as one of the punishments is.
Persons convicted with a sentence of imprisonment for life.
Offender or convicted person involved in terrorist activities – Terrorist and Disruptive Activities (Prevention) Act, 1985; Terrorist Prevention Act, 2002; Unlawful Activities (Prevention) Act, 1967; Explosives Act, 1908; National Security Act, 1982; Official Secrets Act, 1923 and Anti-hijacking Act, 2016.
Protection of Child Sexual Offenses (POCSO) Act, 2012 to make punishment for dowry death, counterfeit notes, sexual offenses against children more stringent; Immoral Trafficking Act, 1956; Offenses against the State (Chapter-VI of the IPC) in the case of persons convicted of offenses under the Prevention of Money Laundering Act, 2002 etc. and any other law which the State Governments or Union Territory Administrations may deem fit to exclude, are not eligible for special exemption.

Remission is the complete cessation of a punishment or punishment at a point. Remission differs from both furlough and parole in that it is a reduction in punishment as opposed to a break from prison life.
In avoidance the nature of the punishment remains untouched, while the duration is reduced, i.e. the remaining punishment does not need to be passed.
The effect of remission is that the prisoner is given a fixed date on which he will be released and will be a free person in the eyes of the law.
However, in case of breach of any condition of the remission exemption, it shall be quashed and the offender shall serve the full term for which he was originally sentenced.

The avoidance system is defined under the Prisons Act, 1894, a set of rules in force for the time being, which regulates prisoners in prison to assess their behavior and consequently reduce punishment.
In Kehar Singh Vs Union of India (1989) it was observed that the Court cannot refuse to consider a prisoner for exemption from sentence.
The refusal by the court will make the prisoner to remain in jail till his last breath, he cannot be expected to be free.
This would not only be against the principles of reform, but it would push the offender into a dark environment without a glimmer of light till the end of his life.
The Supreme Court also observed in State of Haryana Vs. Mahendra Singh (2007) that even though it is not a fundamental right to remit a convict, the State has to take into account each individual case while exercising its executive power of remission. Considering the relevant and relevant factors should be considered.
Apart from this, the Court was also of the view that the right to be considered for exemption should be treated as legal.
This provision has been made keeping in mind the constitutional safeguards for the guilty under Articles 20 and 21 of the Constitution.

Both the President and the Governor have been given the sovereign power of pardon by the Constitution.
Under Article 72, the President can pardon, commute, suspend or suspend or suspend or reduce the sentence of any person.
It may in all cases be done for any person convicted of any offence, where:
Punishment by court-martial, in all cases where the punishment is in relation to an offense under any law relating to the executive power of the Central Government and in all cases of capital punishment.
Under Article 161, the Governor can pardon, suspend, suspend or remit a sentence, or suspend, remove or reduce the sentence.
It can be done for any person convicted under any law in a matter falling within the executive power of the State.
The ambit of the pardoning power of the President under Article 72 is wider than the pardoning power of the Governor under Article 161.

The Code of Criminal Procedure (CRPC) provides for remission of prison sentence, which means that the whole or a part of the sentence can be revoked.
Under section 432 the ‘appropriate Government’ may suspend or waive any punishment in whole or in part, with or without conditions.
Any punishment under section 433 can be commuted by the appropriate government.
This power is available to the State Governments to order the release of prisoners before completing their jail term.

Pardon – In this both punishment and imprisonment are removed and the guilty is completely freed from punishment, punishments and disqualifications.
Commutation – It means to change the nature of punishment such as changing the death sentence to rigorous imprisonment.
Remission – Change in the period of punishment such as changing the rigorous imprisonment of 2 years to 1 year of rigorous imprisonment.
Respite – Reducing the punishment due to special circumstances. For example, due to physical disability or pregnancy of women.
Reprieve – The process of postponing a punishment for some time. For example, postponing the hanging for some time.