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Remission of Sentence in India: Key Facts & Legal Provisions

Feb 20, 2025

Why in news?

  • 1993 Bombay blasts accused Abu Salem moves High Court seeking remission.

What is Remission of Sentence?

  • Remission of sentence refers to the reduction of a prison term without changing the conviction or nature of the offense.

Legal Provisions for Sentence Remission

1. Article 72 of the Indian Constitution:

Empowers the President to grant pardons, reprieves, respites, or remissions in cases:

  • Where the punishment is awarded by a court-martial.
  • Where the offense falls under Union law.
  • In cases involving the death penalty.

2. Article 161 of the Indian Constitution:

Grants similar powers to the Governor for offenses under state laws.

Types of Sentence Remission

  • Ordinary Remission: Based on prison rules for good conduct.
  • Special Remission: Granted on special occasions or government policies.
  • Statutory Remission: Governed by laws like the Code of Criminal Procedure (CrPC).

Purpose of Remission

  • Encourages reformation and rehabilitation.
  • Helps decongest overcrowded prisons.
  • Provides humanitarian relief in deserving cases.

Restrictions on Sentence Remission

  • Cannot be claimed as a legal right.
  • Heinous crimes may not qualify.
  • Subject to judicial review if found arbitrary.

Conclusion

  • Remission of sentence plays a crucial role in the criminal justice system by balancing punishment with reformation. However, it must be granted transparently and fairly.
*The article might have information for the previous academic years, please refer the official website of the exam.
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