SC Verdict on Premature Release of Convicts

On 18th February 2025, the Supreme Court of India ruled that appropriate governments must consider the premature release of convicts when they become eligible, without waiting for an application from the convicts or their relatives.

Key Points

Premature Release Guidelines: Governments must proactively review cases for premature release under Section 432 of the Criminal Procedure Code or Section 473 of the Bharatiya Nagarik Suraksha Sanhita 2023, as per established policy guidelines.
Policy Requirements: States lacking a policy on remission must formulate one within two months.
Conditions for Remission: While states have the authority to set conditions, they must not be oppressive or vague, ensuring convicts can reintegrate into society.
Legal Transparency: Rejection or granting of remission must be communicated with brief reasons, and convicts must be informed of their right to challenge decisions.
Data Management: District Legal Services Authorities must track eligible convicts and create a real-time data portal for the remission process.