IN RE: POLICY STRATEGY FOR GRANT OF BAIL versus

IN RE: POLICY STRATEGY FOR GRANT OF BAIL versus

Where an appropriate Government has a policy for premature release, it must consider all eligible convicts without requiring a specific application; conditions attached to remission must be reasonable, capable of performance and aimed at rehabilitation and public safety; cancellation of remission requires compliance with natural justice (show cause, right to be heard, brief recorded reasons); and every order granting or refusing remission must contain brief reasons and be communicated to the convict with information on the right to challenge. States/UTs lacking policy must frame one within the prescribed time.

Jurisdiction
India
Judgment Date
18 February 2025
Procedural Posture
Suo Motu Writ Petition (criminal) No. 4 of 2021 / Judgment
Outcome
Directions issued
Legal Topics
Remission, Section 432 Cr PC, Section 473 BNSS, Conditions for Remission, Revocation/ Cancellation of Remission, Recording Reasons for Administrative Action, NALSA SOP on Premature Release
Criminal Law Constitutional Law Prisoners' Rights Administrative Law Remission Section 432 Cr PC Section 473 BNSS Conditions for Remission +3 more

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Procedural Posture

Suo Motu Writ Petition (criminal) No. 4 of 2021 / Judgment

Legal Issues

  1. 1 Whether the appropriate Government can grant remission without an application by the convict or on his behalf
  2. 2 Nature and scope of conditions that may be imposed when granting remission
  3. 3 Whether remission can be automatically revoked on breach of conditions and the procedure for cancellation

Ratio Decidendi

Where an appropriate Government has a policy for premature release, it must consider all eligible convicts without requiring a specific application; conditions attached to remission must be reasonable, capable of performance and aimed at rehabilitation and public safety; cancellation of remission requires compliance with natural justice (show cause, right to be heard, brief recorded reasons); and every order granting or refusing remission must contain brief reasons and be communicated to the convict with information on the right to challenge. States/UTs lacking policy must frame one within the prescribed time.

Court Disposition

Directions issued

Orders

  • Where a State/UT has a policy for consideration of premature release under Section 432 CrPC or Section 473 BNSS, the appropriate Government must consider cases of all eligible convicts as they become eligible; specific application by the convict is not necessary (judgment paragraph 21(a))
  • States and Union Territories without a policy dealing with grant of remission under Section 432 CrPC or Section 473 BNSS are directed to formulate an exhaustive policy within two months (judgment paragraph 21(b))