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
- 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.
- Whether a condition requiring the convict to behave decently for two years after release is valid.
- 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.
- Whether principles of natural justice apply before remission is cancelled under Section 432(3) CrPC (Section 473(3) BNSS).
Provisions considered
- Section 432(1), Code of Criminal Procedure, 1973Read as empowering the appropriate Government to remit the whole or part of a sentence unconditionally or on conditions the convict accepts, with remission taking effect on acceptance. The discretion must be exercised fairly and reasonably, and conditions imposed must be reasonable and withstand Article 14 scrutiny. (¶¶ 9, 10, 11, 12, 17)
- Section 432(3), Code of Criminal Procedure, 1973Read, following the view taken on the pari materia Section 401(3) of the 1898 Code, as not providing for automatic revival of sentence on breach of a condition; the Government may, but need not, cancel remission. Principles of natural justice were read into the provision. (¶¶ 14, 15, 16, 17)
- Section 473(1) and (3), Bharatiya Nagarik Suraksha Sanhita, 2023Noted as identical to Section 432(1) and (3) CrPC; the conclusions on conditional remission and the procedure for cancellation were stated to apply equally under these provisions. (¶¶ 2, 14, 15, 16, 17)
- Articles 14 and 21, Constitution of IndiaArbitrary remission conditions are vitiated under Article 14 and may also violate the convict's rights under Article 21; the vague 'behave decently' condition was struck down on this basis. (¶¶ 12, 13, 17, 18)
- Article 226, Constitution of IndiaA convict whose remission is cancelled may challenge the cancellation order before the High Court under Article 226. (¶¶ 15, 17)
Held
- The appropriate Government may remit the whole or part of a sentence unconditionally or subject to conditions; the decision to grant or refuse remission must be well-informed, reasonable and fair, and a rational policy is needed to prevent arbitrary exercise of the power. (¶¶ 9, 10, 11, 17)
- A convict has no right to remission, but he has a right to have his case considered in accordance with law and the applicable policy. Conditions imposed under Section 432(1) must be reasonable; arbitrary conditions are vitiated by Article 14 and may violate Article 21. (¶¶ 12, 17)
- A condition requiring the convict to 'behave decently' is vague and subjective because decency is undefined and varies between persons and over time; it hands the executive a tool to cancel remission at whim, defeats the object of remission and is manifestly arbitrary. Remission conditions must be clear enough to be complied with and enforced. (¶¶ 13, 18)
- Breach of a remission condition does not automatically revive the sentence. Since cancellation deprives the convict of restored liberty, it requires a show cause notice stating the grounds, an opportunity to reply and be heard, and an order with brief reasons; the principles of natural justice are read into Section 432(3) CrPC and Section 473(3) BNSS. (¶¶ 14, 15, 17)
- Registration of a cognizable offence against the convict is not, by itself, a ground to cancel remission. Allegations of breach cannot be taken at face value; the Government must consider the nature and gravity of the breach, a minor or trifling breach cannot justify cancellation, and there must be material substantiating the allegation. (¶¶ 16, 17)
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).