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Raj Bhushan. Patna. Every state has a different law under the remission policy in India. Those who commit rape and heinous crimes are not given any exemption in punishment in many states. In Bihar, no exemption in punishment was given to those convicted of killing a personnel on government duty, but on April 10, the Nitish government abolished the provision of Rule 481 (I) (a) of Bihar Kara Hastak 2012. With this change in the law, the way was cleared for the release of Anand Mohan and 26 other convicts. In fact, under Rule 481 (I) (a) of Bihar Kara Hastak 2012, there was a provision that if a convict is sentenced to life imprisonment in the murder of a government servant, then he cannot be pardoned after 20 years of imprisonment. Nitish government has removed this rule.
There is already a provision in Gujarat’s remission policy
Anand Mohan was sentenced to death in 2007 for the murder of Gopalganj DM G Krishnaiah in 1994. However, Anand’s sentence was later commuted to life imprisonment. Being convicted of killing a government servant, his release was difficult. In such a situation, the Bihar government found a way to remove this loophole from the Gujarat government’s remission policy. On July 9, 1992, the Government of Gujarat formulated the Exemption Policy. Under this, prisoners can apply for premature release.
You can apply for pardon after so many days
Under the Remission Policy of the Government of Gujarat, a prisoner who has served more than 20 years, a life sentence or a convicted prisoner who has served one-third of his sentence can apply for premature release. The government considers his application. He can be released after conduct and investigation report. Bihar Government has amended the Bihar Jail Rules 2012. The category ‘killer of a government servant on duty’ has been removed from the manual. He came out of jail on Thursday (April 27).
Prison Act is made in 1894
According to the Prison Act made in 1894, a provision has been made for exemption of punishment to the prisoners. Under the modern penal system, if the prisoner’s behavior in prison is good, he can be released on parole even before the completion of his sentence. If he violates the conditions during parole, then there is a provision to keep him in jail again. Along with this, the law says that the release of prisoners is possible even before the term of imprisonment.
who has the power to grant remission
Law Prisons Act, 1894 for remission of sentence to convicted prisoners Article 72 of the Constitution, empowers the President to grant remission of sentence. Similarly, the Governor has powers to grant exemption under Article 161. The state government has the provision to make laws under sections 432, 433, 434 and 435 of CrPC. Under the Prison Act, only state governments are allowed to make laws. However, the Central Government can issue non-binding guidelines in this regard.
other advisory authorities
The State Government may constitute a board to consider the pardon application of a convict serving life sentence. Section 432 of the CrPC says that the state government can take the opinion of the trial court judge before deciding on the exemption. Section 435 of the CrPC says that if the prosecuting agency falls under the Central Government, the State Government is required to consult the Center to decide on the application for exemption.
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