Section 432(2) CrPC – Remission – Opinion of Presiding Judge – Inadequate Reasoning

Section 432 CrPC speaks about power of appropriate Government to suspend or remit sentences. Section 432(2) reads as follows: Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.


Union of India vs. Sriharan @ Murugan [2015] 14 S.C.R. 613 :: (2016) 7 SCC 1 – An opinion accompanied by inadequate reasoning would not satisfy the requirements of Section 432 (2) of the CrPC. Further, it will not serve the purpose for which the exercise under Section 432 (2) is to be undertaken, which is to enable the executive to make an informed decision taking into consideration all the relevant factors.

Followed in

Jaswant Singh vs State of Chhattisgarh | Section 432 CrPC | Remission | Premature Release | WP (Crl) 323 OF 2022 |  2023 LiveLaw (SC) 33

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