Mafabhai Motibhai Sagar vs State Of Gujarat 2024 INSC 806 – S 432 CrPC – Remission Conditions

Code Of Criminal Procedure 1973- Section 432 of the CrPC [ Section 473(1) BNSS] -(I) The appropriate Government has the power to remit the whole or any part of the punishment of a convict. The remission can be granted either unconditionally or subject to certain conditions; (ii) The decision to grant or not to grant remission has to be well­informed, reasonable and fair to all concerned; (iii) A convict cannot seek remission as a matter of right. However, he has a right to claim that his case for the grant of remission ought to be considered in accordance with the law and/or applicable policy adopted by the appropriate Government; (iv) Conditions imposed while exercising the power under sub­section (1) of Section 432 or sub­section (1) of Section 473 of the BNSS must be reasonable. If the conditions imposed are arbitrary, the conditions will stand vitiated due to violation of Article 14. Such arbitrary conditions may violate the convict’s rights under Article 21 of the Constitution; (v) The effect of remitting the sentence, in part or full, results in the restoration of liberty of a convict. If the order granting remission is to be cancelled or revoked, it will naturally affect the liberty of the convict. The reason is that when action is taken under sub­section (3) of Section 432 of the CrPC or sub­section (3) of Section 473 of the BNSS, it results in the convict being taken to prison for undergoing the remaining part of the sentence Therefore, this drastic power cannot be exercised without following the principles of natural justice. A show cause notice must be served on the convict before taking action to withdraw/cancel remission. The show cause notice must contain the grounds on which action under subsection (3) of Section 432 of the CrPC or sub­section (3) of Section 473 of BNNS is sought to be taken. The concerned authority must give the convict an opportunity to file a reply and of being heard. After that, the authority must pass an order stating the reasons in brief- Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission order. The allegations of breach of condition cannot be taken at their face value, and whether a case for cancellation of remission is made out will have to be decided in the facts of each case. Every case of breach cannot invite cancellation of the order of remission. The appropriate Government will have to consider the nature of the breach alleged against the convict. A minor or a trifling breach cannot be a ground to cancel remission. There must be some material to substantiate the allegations of breach. Depending upon the seriousness and gravity thereof, action can be taken under sub­section (3) of Section 432 of the CrPC or sub­section (3) of Section 473 of the BNSS of cancellation of the order remitting sentence. (Para 17)

Code Of Criminal Procedure 1973- Section 432 of the CrPC [ Section 473(1) BNSS] – Condition requiring the convict to behave decently for a period of two years after release from jail- The words ‘decent’ or ‘decently’ are not defined in the CrPC or any other cognate legislation. The concept of decency of each human being is likely to be different. The idea of decency keeps on changing with time. As the term ‘decency’ is not defined in the CrPC or any other cognate legislation, every person or authority may interpret the same differently. Therefore, such a condition while granting remission becomes too subjective. Putting such a vague condition while exercising the power under sub­section (1) of Section 432 of the CrPC will give a tool in the hands of the executive to cancel the remission at its whims and fancies. Therefore, such a condition is arbitrary and will be hit by Article 14 of the Constitution of India. Such a condition cannot be imposed as it will defeat the very object of remitting the sentence in the exercise of powers under sub­section (1) of Section 432 of the CrPC. (Para 13)

Constitution of India – Article 226– The convict can always challenge the order of cancellation of remission by adopting a remedy under Article 226 of the Constitution of India. (Para 15)