The Supreme Court on Tuesday (February 18, 2025) said that it is the responsibility of states and union territories to consider premature release of all the convicted prisoners and it is not necessary for them to apply for permanent relaxation in punishment.
A bench of Justice Abhay S Oka and Justice Ujjal Bhuiyan has directed those states and union territories to formulate a policy within two months, where Section 432 of the Criminal Procedure Code (CRPC) or Section of Indian Civil Protection Code (BNSS) There is no punishment exemption policy under 473.
The bench said, ‘Where there is a proper policy of the government, guidelines have been set to consider premature release exemption under Section 432 of the Criminal Procedure Code or Section 473 of BNSS, it is the responsibility of the concerned government there. That he should consider matters of premature release of all the convicted prisoners, when they become eligible for consideration according to the policy.
The court further said, ‘In such a case, it is not necessary for the convicted prisoner or his relatives to make any special application for providing permanent exemption in punishment. When such policy guidelines are included in the jail rules or any other departmental instructions issued by the government, the above instructions will apply.
This decision was taken by taking automatic cognizance in the case of bail. The Supreme Court said that the government concerned has the right to include appropriate conditions in the order to give permanent exemption in punishment and it is necessary to consider various factors before finalizing the conditions.
The bench said, ‘The purpose of the conditions should be to ensure that the guilty criminal tendency, if any, be controlled and he can rehabilitate himself in the society. The conditions should not be so oppressive or rigid that the convicted prisoner cannot take advantage of the order to give permanent exemption in punishment. The conditions should not be unclear and they should be followed.
The Supreme Court said that there must be a brief reason in the order of giving permanent exemption or not. The court said that it should be informed immediately to the convicted prisoner through the jail office. The bench said that its copies should be sent to the secretaries of the concerned District Legal Services Authorities.
The court directed to send a copy of its decision to the National Legal Services Authority, which will send it to the Legal Services Authorities of the States and Union Territories, so that they can monitor the implementation of the instructions issued under this decision.
Also read:-
‘Do not be in any misunderstanding, if the name of a senior advocate will be …’, Supreme Court reprimanded the lawyer