Supreme Court directs states/UTs to implement remission policy in 2 months

The Supreme Court has directed all states and union territories to implement in two months its directions to adopt or implement an exhaustive policy on premature release of eligible convicts.

“We direct all the state governments to report compliance with the judgment and order dated 18th February, 2025, within a period of two months from today,” a Bench led by Justice AS Oka said in its April 25 order.

The Bench asked the states and UTs to implement its February 18 order in terms of Section 432 of the CrPC, 1973 and Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

“We make it clear that even if the States have initiated the process of making compliance with the order dated 18th February, 2025, pending the completion of process, the cases of those who are entitled to be considered for premature release shall be processed in accordance with the existing regime and the fact that compliance is being made with the directions issued by this Court will be no ground to delay the procedure in these cases,” it said.

Amicus curiae senior advocate Liz Mathew said only states of Punjab, Nagaland and Andhra Pradesh have filed compliance reports while the Uttar Pradesh Government has sought an extension of time. The Bench posted the matter for further hearing on July 25.

Based on a chart on compliances to be done by states submitted by Mathew, the top court directed that the said parameters be included in the compliance reports to be filed by states/UTs.

It asked states/UTs to furnish data on the number of convicts eligible for premature release, the status of recommendations by Advisory or Sentence Review Boards, and the final orders passed by the State Governments. It also accepted certain changes suggested by the National Legal Services Authorities (NALSA) to expand the scope of prisoners to be considered by

District Legal Services Authorities for release under the NALSA Standard Operating Procedure (SOP) by including not just convicts who have completed their sentence or already been granted remission, but also those who are eligible to be considered for premature release as per applicable policy.

The remission policy on premature release under Section 432 CrPC or Section 473 BNSS must ensure that cases of all eligible convicts are considered without requiring a specific application, it said.

The conditions imposed while granting remission have to be reasonable, capable of being performed, and not so oppressive or vague as to render the remission order ineffective, it added.

The Bench made it clear that states/UTs needed to indicate if orders granting or refusing remission contained brief reasons and the same were communicated to convicts, and forwarded to the District Legal Services Authorities concerned. Further, prison authorities must inform convicts about their right to challenge rejection orders, it added.

The top court said remission orders must not be withdrawn/cancelled without affording the convict an opportunity to be heard.

India