UPSC Indian Polity Prelims Mains Notes UPSC Polity Polity UPSC Constitution Polity MCQs Quiz Pyqs
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.

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