The power of remission of sentences has been given under the article 161 of the constitution and Sections 432,433 and 433(A) of the Cr. PC, 1973.
Standard procedures for remission of sentences of life convicts
- All applications made by a convict or on his behalf for remission of sentence should be submitted to the Superintendent of the Jail. The later in turn will take steps to forward the same to the Presiding judge of the convicting or confirming court along with the history ticket, copy of the judgments, descriptive roll, report from the District Magistrate and the Superintendent of Police of the district of the convict’s conduct, report of the Medical Board in case of old-infirm and terminally ill convicts for his opinion (with reason) about granting of remission.
- No application shall normally be entertained for remission of life sentence before completion of 14 years of imprisonment including the period of remission earned. But where a sentence of imprisonment for life is imposed on conviction of a person for an offense for which death is one the punishments provided by law, or where a sentence of death imposed on a person has been commuted U/S 433 Cr. PC into one of imprisonment of life, case of such person shall not be considered unless he/she had served at least 14 years of actual imprisonment. However, in exceptional cases where prisoner is more than 80 years in age or infirm/frail or is suffering from terminal diseases, the application may be processed even if he/she has not completed 14 years of imprisonment as stated above.
- In cases where convicting court is a district court, the concerned Superintendent of jail will obtain opinion/with reasons from the convicting court and submit the proposal of remission to Inspector General of Prisons. In cases where the convicting or confirming court is the High Court, the Inspector General of Prisons will obtain opinion/with reasons from the High court.
- The Presiding Judge of the convicting or confirming court will record his/her opinion/with reasons and return the proposal to the Superintendent of the concerned Jail or Inspector General of Prisons, Assam as the case may be. The Superintendent of the concerned Jail shall submit to the Inspector General of Prisons, Assam all proposals for remissions twice in a year (during the months of July and January).
- Inspector General of Prisons, Assam after his consideration, will submit the proposal of remission to the Government of Assam along with his recommendations.
- The State Government shall examine the proposal received from Inspector General of Prisons along with the opinion of the Presiding Officer of the convicting or confirming court, as the case may be. While taking decision, the State Government shall have regard in respect of the following class of prisoners: a)Convicts who are older than 75 years, convicts who have become frail and infirm or are suffering from terminal deceases and prima facie would not pose any threat to the society as per finding of the Medical Board. b)Convicts who have spent their imprisonment with excellent track record of discipline, conduct and hard work.
- Remission of sentences may be granted by the Government of Assam with or without conditions after considering the nature of the crime. While doing so the State Govt. shall also take into consideration whether remission granted could have adverse effect in the society or shall be detrimental to the interest of the State. The conditions of refuse shall be clearly stated in the order of remission.
- Remission proposals shall be decided case-by-case on merit. No decision in this regard shall be taken on a wholesale manner.
- Proposal of remission rejected by the Government of Assam, after due consideration should not be resubmitted before expiry of 2 years from the date of rejection except where the person is more than 80 years in age or terminally ill.