
UPSC Indian Polity Prelims Mains Notes UPSC Polity Polity UPSC Constitution Polity MCQs Quiz Pyqs
June 1, 2025 at 06:29 AM
*🛡️Remission*
♟️Remission is the reduction of a prison sentence granted to a convict before the completion of their term.
♟️It is different from parole or pardon, as the conviction remains, but the sentence is shortened.
💎Past SC Judgments on Remission:
♟️ *Sangeet & Anr. v State of Haryana (2013):* SC ruled that remission cannot be suo motu, requiring an application from the convict.
♟️Mohinder Singh v State of Punjab (2013): Reaffirmed that remission must be initiated through an application, not by courts or the government automatically.
♟️Mafabhai Motibhai Sagar v. State of Gujarat (2024): Held that remission conditions must be reasonable and cannot be arbitrarily stringent or vague.
*💎Supreme Court’s 2025 Judgment & Guidelines*
♟️Suo motu remission allowed: If a remission policy exists, states must proactively consider eligible convicts without waiting for applications.
♟️Mandatory remission policy: States without a remission policy must formulate one within two months.
♟️Conditions for remission: Must be based on crime motive, criminal record, and public safety, ensuring rehabilitation.
♟️Protection against arbitrary cancellation: Remission cannot be revoked for minor breaches, and convicts must get a notice and a chance to respond before cancellation.
♟️Transparency in remission decisions: Legal aid authorities must track remission cases and maintain real-time data on a digital portal.