2024 Supreme(SC) 959

SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ.
Mafabhai Motibhai Sagar – Appellant
Versus
State of Gujarat and Others – Respondents
Criminal Appeal No. 4307 of 2024 (Arising Out of Special Leave Petition (Crl.) No. 6166 of 2023)
Decided On : 21-10-2024

IMPORTANT POINTS
(1) Remission in life sentence – Convict cannot seek remission as a matter of right – However, he has right to say that his case for grant of remission ought to be considered in accordance with law.
(2) Cancellation of remission – Every case of breach cannot invite cancellation of order of remission – Minor or a trifling breach cannot be a ground to cancel remission – This drastic power cannot be exercised without following principles of natural justice.
(3) Condition imposed while granting remission must be such that it is capable of being complied with and enforced.

Headnote:

(A) Criminal Procedure Code, 1973 – Section 432(1) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 473(1)] – Constitution of India – Articles 14 and 21 – Remission in life sentence – Convict cannot seek remission as a matter of right – However, he has right to say that his case for grant of remission ought to be considered in accordance with law – Power to remit a sentence under Section 432(1) of Cr.P.C. is discretionary – One of considerations for exercise of discretion can be public interest – Gravity and nature of offences committed by convict are also factors to be considered – Antecedents of convict are also relevant – Power under subsection (1) of Section 432 of Cr.P.C. has to be exercised in a fair and reasonable manner – Conditions imposed while exercising power under sub-section (1) of Section 432 must be reasonable – Conditions must stand test of scrutiny of Article 14 of Constitution of India – If conditions imposed are arbitrary, conditions will stand vitiated due to violation of Article 14 – Such arbitrary conditions may also violate convict's rights under Article 21 of Constitution. (Paras 11 and 12)

(B) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 473(1) [Now repealed, Criminal Procedure Code, 1973 – Section 432(1)] – Remission in life sentence – First part of condition requires convict to behave decently for a period of two years after release from jail – Concept of decency of each human being is likely to be different – Idea of decency keeps on changing with time – As term ‘decency’ is not defined in Cr.P.C. or any other cognate legislation, every person or authority may interpret the same differently – Such a condition while granting remission becomes too subjective – Putting such a vague condition while exercising power under sub-section (1) of Section 432 of Cr.P.C. will give a tool in hands of executive to cancel remission at its whims and fancies – Such a condition is arbitrary and will be hit by Article 14 of Constitution of India – Condition imposed while granting remission must be such that it is capable of being complied with and enforced – Condition no. 2 cannot be interpreted to mean that every allegation of a breach thereof would automatically result in cancellation of order of remission – Registration of a cognizable offence against convict, per se, is not a ground to cancel remission order – 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 facts of each case – Every case of breach cannot invite cancellation of order of remission – Appropriate Government will have to consider nature of breach alleged against convict – Minor or a trifling breach cannot be a ground to cancel remission – Effect of remitting sentence is restoration of liberty of convict – If order granting remission is to be cancelled or revoked, it will naturally affect convict's liberty – This drastic power cannot be exercised without following principles of natural justice – Show cause notice must be served on convict before taking action to withdraw/cancel remission – First part of condition no. 1 regarding behaving decently, being manifestly arbitrary, struck down – Condition no. 2 clarified. (Paras 13, 15, 16, 17 and 18)

Facts of the case:

Issue involved in this appeal is as regards legality of conditions imposed while remitting life sentence of appellant in exercise of powers under sub-section (1) of Section 432 of Code of Criminal Procedure, 1973. There is an identical provision in Bharatiya Nagarik Suraksha Sanhita, 2023 in the form of sub-section (1) of Section 473.

Findings of Court:

Show cause notice must contain grounds on which action under sub-section (3) of Section 432 of Cr.P.C. or subsection (3) of Section 473 of the BNSS is proposed to be taken. Concerned authority must give convict an opportunity to file a reply and of being heard. After that, authority must pass an order stating brief reasons. Principles of natural justice must be read into subsection (3) of Section 432 and sub-section (3) of Section 473 of the BNSS. Convict whose remission has been cancelled can always adopt a remedy under Article 226 of the Constitution of India.

Result : Appeal partly allowed.