Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Thursday, 29 October 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2016-03-15 allowed

G. Balachandran vs C.S. Ramachandran Nair & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This appeal addresses the legality of a government order granting remission of sentence to three police officers convicted of assault without following the required procedure. The Court held that remission under Section 432 of the Code of Criminal Procedure cannot be granted before the convicted persons surrender to undergo their sentence, except on conditions independent of their will. Additionally, the order was void because it was passed by the Governor without the aid and advice of the Council of Ministers, violating Article 161 of the Constitution. The Court allowed the appeal and directed the State Government to reconsider remission applications only after the convicts surrender to serve their sentences.

The lawyer headnote and full judgment text are available to registered users.

Criminal Law Sentencing Remission Constitutional Law Administrative Law Council of Ministers

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login