Why in the News?
- The Supreme Court struck down the remission granted to 11 convicts in the Bilkis Bano gang rape and murder case, citing jurisdictional overreach by the Gujarat government.
Key Ruling Highlights
- Gujarat was not the competent authority to decide the remission since the trial was conducted in Maharashtra.
- The remission orders were declared invalid.
Legal Aspects of Remission
- Remission: Reduction in sentence without altering the nature of the punishment.
Power of Remission:
- Article 72 (President’s Power): Covers court-martial cases, Union law violations, and death sentences.
- Article 161 (Governor’s Power): Covers state-level cases.
Criminal Procedure Code (CrPC) Provisions:
- Section 432: Allows remission of sentences by the government.
- Section 433A: Mandates minimum 14 years imprisonment before remission for life sentences.
Supreme Court Precedents on Remission
- Laxman Naskar vs. Union of India (2000): Laid down five criteria for considering remission:
- Impact on society.
- Likelihood of repeat offenses.
- Future criminal tendencies.
- Whether further imprisonment serves a purpose.
- Socio-economic condition of the convict’s family.
- State of Haryana vs. Rajkumar (2021): Stated that CrPC provisions do not limit constitutional remission powers.
Significance of the Verdict
- Strengthens judicial oversight on state remission policies.
- Ensures remission decisions are legally and constitutionally valid.
