AIROnline 2024 SC 7

Supreme Court Of India

Hon'ble Judge(s): B. V. Nagarathna, Ujjal Bhuyan , JJ

(A) Criminal P.C. (2 of 1974) , S.432— Application for remission - Consideration of - Factors required to be taken into account - Adumbrated. The factors that are required to be taken into account while entertaining an application for remission, which are however not exhaustive of the tests which are discussed in the Judgment , are adumbrated as under (a)The application for remission under Section 432 of the CrPC could be only before the Government of the State within whose territorial jurisdiction the applicant was convicted (appropriate Government) and not before any other Government within whose territorial jurisdiction the applicant may have been transferred on conviction or where the offence has occurred. (b) A consideration for remission must be by way of an application under Section 432 of the CrPC which has to be made by the convict or on his behalf. In the first instance whether there is compliance of Section 433A of the CrPC must be noted inasmuch as a person serving a life sentence cannot seek remission unless fourteen years of imprisonment has been completed. (c) The guidelines under Section 432(2) with regard to the opinion to be sought from the Presiding Judge of the Court which had convicted the applicant must be complied with mandatorily. While doing so it is necessary to follow the requirements o....