VidhiSangh

Supreme Court of India · 21/10/2024

MAFABHAI MOTIBHAI SAGAR versus STATE OF GUJARAT & ORS.

[2024] 10 S.C.R. 1448 · 2024 INSC 806

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court struck down a remission condition requiring a released life convict to 'behave decently' for two years as vague and manifestly arbitrary under Article 14, and read down a condition providing for re-arrest on commission of a cognizable offence, holding that remission cannot be cancelled automatically and that a show cause notice, hearing and reasoned order are required before cancellation under Section 432(3) CrPC / Section 473(3) BNSS.

Issues

  1. Whether the appropriate Government may impose conditions while remitting a sentence under Section 432(1) CrPC (Section 473(1) BNSS), and what limits apply to such conditions.
  2. Whether a condition requiring the convict to behave decently for two years after release is valid.
  3. Whether a condition that the convict will be re-arrested and serve the remaining sentence if he commits a cognizable offence permits automatic cancellation of remission.
  4. Whether principles of natural justice apply before remission is cancelled under Section 432(3) CrPC (Section 473(3) BNSS).

Provisions considered

Held

Result

Appeal partly allowed; the first part of condition no. 1 (behaving decently) struck down and the related undertaking and surety bonds cancelled to that extent; condition no. 2 clarified in terms of the judgment; remission not to be revoked for breach of conditions without complying with the natural justice requirements in paragraph 17(v).

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1448.