Conditions Imposed While Granting Remission Should Not Be Oppressive: Supreme Court

The Supreme Court today(February 18) emphasised that the conditions imposed by the Government while granting premature release to a convict must be reasonable.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan passed a significant order observing that considering remission of eligible prisoners is a duty of the Government. It was held that the convict need not apply for remission as the officers of the State must consider eligible prisoners for premature release.

While observing so, the Court also stated that the conditions for granting remission must not be vague in the sentence that it is not capable of being complied with. It relied on Mafabhai Motibhai Sagar v. State of Gujarat (2024) which held that the conditions imposed under Section 432 of the CrPC and Section 473(1) of the BNS must not be arbitrary such conditions will stand vitiated for violation of Article 14 and also Article 21.

It observed:

"The conditions cannot be oppressive. When a convict is released by granting relief of permanent remission, it is necessary to ensure that he is rehabilitated in society. It is necessary to consider the nature of the crime he committed. To fix terms and conditions, it is necessary to ascertain the motive for committing the crime for which he was punished. Even criminal background needs to be taken into consideration. Another concern that must be taken care of is public safety. Even the impact on society and the victims of the offence needs to be considered while determining the terms and conditions."

Summarizing all conditions, the Court noted

"In short, the conditions must be such that the same ensures that the criminal tendency of the convicts remains in check, they do not indulge in the commission of crimes, and they are rehabilitated in society. Their proper rehabilitation is most vital as it prevents them from going back to their criminal activities."

Four factors to be considered in the context of imposing conditions:

a) Consideration of various factors which are mentioned by way of illustration is necessary before finalizing the terms and conditions;

b) The conditions must aim at ensuring that the criminal tendencies, if any, of the convict remain in check and the convict rehabilitates himself in society;

c) The conditions should not be so oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission; and

d) The conditions cannot be vague and should be capable of being performed.

Case details: IN RE POLICY STRATEGY FOR GRANT OF BAIL SMW(Crl) No. 4/2021

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