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Supreme Court of India 2025-02-18 disposed

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

This judgment clarifies the law governing remission of sentences under Section 432 of the Criminal Procedure Code. The Supreme Court held that where a State has adopted a policy for remission, the government must automatically consider all eligible convicts without requiring an application. Conditions imposed on remission must be reasonable, not vague or oppressive, and must support rehabilitation. Critically, remission cannot be automatically revoked for breach; instead, natural justice principles apply—the convict must receive notice, opportunity to respond, and a reasoned order. Mere registration of an offence is insufficient grounds for revocation. The Court mandated that all remission decisions must record reasons and be communicated to convicts with notice of their right to challenge orders.

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Remission of Sentence Criminal Procedure Executive Clemency Prisoner Rights Natural Justice Constitutional Rights Articles 14 and 21 Prison Administration Rehabilitation Parole and Premature Release

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