Om Prakash Srivastava @ Babloo vs Union Of India – Remission

United Provinces Prisoners’ Release on Probation Act, 1938 – Section 2 – the provisions are more stringent than Section 432 of the Code of Criminal Procedure, 1973 or Section 473 of the Bhartiya Nagarik Suraksha Sanhita, 2023- Unless the State Government records a finding that it is satisfied from antecedents of a convict or his conduct in prison that he or she is likely to abstain from crime and lead a peaceful life if he is released from prison, the relief of release on licence cannot be granted- The scope of Section 473 of the BNSS is completely different from Section 2 of the 1938 Act [In this case, the SC directed the State Government to consider the case of the petitioner for grant of remission under sub-section (1) of Section 473 of the BNSS as expeditiously as possible.]