News Highlights
To commemorate the 75th anniversary of independence, the Ministry of Home Affairs has issued a set of instructions to the States and Union Territories on the grant of special remission to prisoners.
What are the Guidelines?
- As part of Azadi Ka Amrit Mahotsav Government of India decided to grant special remission to specific categories of convicted prisoners and to release them in three phases
- Prisoners eligible for this remission?
- Women and Transgenders convicts of 50 years of age and above and Male convicts of 60 years of age and above
- These prisoners must have to completed 50% of their total sentence period without counting the period of general remission earned
- Physically challenged/disabled convicts with 70% disability and more
- who have to completed 50% of their total sentence period without counting the period of general remission earned.
- Terminally ill convicts certified by Medical Board
- Convicted prisoners who have completed 66% (two third) of their total sentence period
- Poor of indigent prisoners who have completed their sentence but are still in jail due to non-payment of fine imposed on them by waiving off it
- Persons who committed an offense at a young age between 18-21 years and with no other criminal involvement/case against them, who have completed 50% of their sentence period
- Women and Transgenders convicts of 50 years of age and above and Male convicts of 60 years of age and above
- Prisoner not eligible for this special Remission
- Persons convicted with death sentence or where death sentence has been commuted to life imprisonment or persons convicted for an offence for which punishment of death has been specified as one of the punishments
- Persons convicted with sentence of life imprisonment, convicts involved in terrorist activities Or persons convicted under
- Terrorist and Disruptive (Prevention) Act, 1985
- Prevention of Terrorist Act, 2002
- Unlawful Activities (Prevention) Act, 1967
- Explosives Act, 1908
- National Security Act, 1982
- Official Secrets Act, 1923
- Anti-Hijacking Act, 2016
- Persons convicted for dowry death, counterfeiting currency notes, offence of rape & human trafficking, offences under
Who examines the eligible prisoners?
- The States and the Union Territories were told to constitute a State Level Screening Committee comprising
- The Home Secretary,
- Law Secretary
- Director/Inspector-General of Prisons
What is Remission ?
- The executive’s act of grace in showing mercy to an accused or a convicted person takes several forms such as reprieve, pardon, respite, commutation, remission, etc.
- Remission implies reducing the period of a sentence without changing its character.
- Constitutional Provision
- Article 72: The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person where the
- Punishment or sentence is for an offence against a Union Law
- Punishment of sentence is by a court martial (military court)
- Sentence is a sentence of a death
- Article 161: Governor can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute the sentence any person where the
- Punishment or sentence is for an offense against any law relating to matter to which the executive power of the state extends
- Article 72: The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person where the
- Statutory Provisions
- Criminal Procedure Code, 1973 (Cr. P.C):
- Sections 432, 433 empowers the appropriate Government (Central or State) to commute or remit or to suspend the sentence passed by the courts.
Source – The Hindu