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Constitutional LawSupreme Court of India

In Re Policy Strategy for Grant of Bail

Special Leave Petition (Civil) · 2025 INSC 239Decided 18 Feb 2025
SMW(Crl) No.-000004 - 2021 (with Special Leave Petition (Crl.) No. 529 of 2021)
Justice Abhay S. Oka

Background

This is part of an ongoing suo motu (self-initiated) Supreme Court case on prison and sentencing policy. In this particular order, with the assistance of an amicus curiae, the Court examined the power of state governments to remit (reduce or end early) the sentences of convicts under Section 432 of the CrPC, addressing questions like whether a convict must formally apply for remission, what conditions can be attached, when remission can be revoked, and whether reasons must be recorded.

Decision Breakdown

The Court held that when a state has an existing remission policy, it must proactively consider every eligible convict under that policy: convicts need not file an individual application if a policy already exists. It ruled that all states lacking such a policy must formulate one within two months. The Court also held that conditions attached to remission must be reasonable, non-vague, and geared toward genuine rehabilitation, that remission cannot be cancelled without a show-cause notice and a hearing (natural justice), and that merely registering a new criminal case against a released convict is not automatically grounds to cancel their remission: the seriousness of any alleged breach must be assessed case-by-case. Both a grant and a refusal of remission must come with recorded reasons, communicated to the convict along with a notice of their right to challenge the decision.

Lesson Learnt

The government's power to release convicts early through remission is not unfettered discretion. It must follow existing policy where one exists, give reasons for its decisions, and cannot revoke a convict's freedom without a fair hearing, reinforcing that even convicted persons retain constitutional protections against arbitrary state action.

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