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SC Directives on Remission Policy

About Supreme Court directives

  • Standardization and Accessibility of Policies: All remission policies, including any updates or modifications, must be made available in prisons and on official government websites in English.
  • Timely Communication of Rejections: If a convict’s application for remission is denied, the rejection order must be communicated to the convict within one week.
  • Individualised Case Consideration: The Court directed that “stereotype conditions” should not be applied to remission grants.
  • Transparency and Accountability in Remission Decisions: Any modifications to remission policies must be shared promptly, both online and in physical prison locations, to ensure transparency.
Types of Pardoning Powers
  • Pardoning powers of the President are provided under Article 72 & for the governor under Article 161.
  • Pardon: When the President grants a pardon, the sentences & punishments given to the offender are nullified.
  • Respite: A lesser sentence is granted in place of the original one. E.g. if a convict has a physical disability or if a female offender is pregnant.
  • Reprieve: Temporarily suspends the execution of a sentence (particularly the death penalty).
  • Remit: It is used to reduce the time period of the sentence, but punishment retains its original character. E.g. A sentence of two years of strict imprisonment may be reduced to one year of strict imprisonment.
  • Commute: The original form of punishment is substituted for a lighter form of punishment

E.g. Death penalty is commuted to life imprisonment.

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