remission Archives

Supreme Court Constitution and Larger Bench Judgments which steered India’s course in 2024

The Supreme Court’s 2024 decisions have marked a significant turning point in the country’s legal and constitutional framework. Key rulings delivered by Constitutional Benches on Electoral bonds, private property, royalty as tax, AMU’s minority status, sub-classification within reserved categories, etc. have left an impact on fundamental rights, political transparency and tax regime, shaping India’s socio-political landscape, influencing both public policy and the broader democratic process.

Case Briefs High Courts

‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission

No separate category is carved out as an exception to the normal Rules of remission provided under Section 432 ¹ of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.

pregnant daughter murder over inter-caste marriage

Case Briefs Supreme Court

Supreme Court commutes death sentence of father convicted for murdering his pregnant daughter over inter-caste marriage

The Court affirmed the father’s conviction but converted the death penalty to 20 years’ rigorous imprisonment without remission considering several mitigating factors favouring the accused.

Case Briefs High Courts

‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea

“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”

Case Briefs High Courts

Convicts under MCOCA can’t be excluded from availing the benefits of 2006 State Remission Policy: Bombay HC

The High Court held that Arun Gawli is entitled to the benefits flowing from the State Remission Policy dated 10-01-2006, which was prevailing on the date of his conviction.

Case Briefs Supreme Court

[Bilkis Bano Gang rape case] Supreme Court indicates factors to be considered while entertaining application for remission under CrPC

The Gujarat Government had released the 11 convicts on 15-08-2023 as the convicts have completed 14 years sentence in prison and due to their good behavior. Aggrieved by this, Bilkis Bano filed a petition against the premature release of the convicts.

Case Briefs Supreme Court

Inside Supreme Court’s verdict on premature release of 11 convicts in Bilkis Bano gang rape case

“A woman deserves respect howsoever high or low she may be otherwise considered in society or to whatever faith she may follow or any creed she may belong to”

Hot Off The Press News

Supreme Court sets aside Gujarat Government’s decision to grant remission to 11 convicts in Bilkis Bano gang rape case

Bilkis Bano was 21 years old and five months pregnant when she was gang raped. She saw 14 of her family members being killed, including her 3-year-old daughter, in the 2002 Gujarat riots that broke out after the Godhra train burning.

Case Briefs Supreme Court

Supreme Court, in a balancing act, commutes Death Sentence to 20 Years Imprisonment in Indiscriminate Firing case that killed 6

The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.

Case Briefs High Courts

‘Not rarest of rare case’; Delhi High Court commutes death sentence of man for kidnapping and murder of 12-year-old

Though causing death of someone in itself is perversity, however causing death by smothering and inflicting injuries by jack handle though opined to be consistent with intense torture, cannot be held to be a diabolic or seriously perverse manner of committing murder so as to shock the collective conscience of the society and fall in the category of rarest of rare cases.

Case Briefs Supreme Court

“Undue leniency in sentencing shakes public confidence in Criminal Justice System”: Supreme Court modifies sentence in minor’s rape-murder case

Supreme Court considered the case wherein the Trial Court proposed award of death sentence for rarest of the rare case, while the Jharkhand High Court modified it to life imprisonment for whole biological life without any scope for remission.

Case Briefs Supreme Court

Bilkis Bano – Premature release of Convicts case: Supreme Courts asks Centre and Gujarat Government to produce files and give reasons for releasing 11 convicts

The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members

Hot Off The Press News

Bilkis Bano – Premature release of Convicts case: Supreme Court terms the crime committed by convicts as “Horrendous”; Issues notice to Central and Gujarat Governments

In a petition filed by Bilkis Bano, and other pleas in the nature of Public Interest Litigation, Supreme Court said that “we are only on legal and law and nothing to do with emotions.”

Case Briefs High Courts

Furlough cannot be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence: Delhi High Court

The Delhi High Court observed that furlough could not be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence.

Case Briefs High Courts

Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict

The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.

Case Briefs Supreme Court

Justice Bela M Trivedi recuses from hearing Bilkis Bano’s plea

When on August 15, 2022, her rapists walked out of the prison after serving 15 years’ imprisonment based on Gujarat Government’s remission policy, Bilkis Bano found herself “bereft of words” and “numb”. The matter is now before the Supreme Court.

Case Briefs High Courts

“He was kind enough to leave the prosecutrix alive”: Madhya Pradesh High Court observes while reducing rape convict’s sentence

Madhya Pradesh High Court | The Division Bench comprising of Subodh Abhyankar* and Satyendra Kumar Singh, JJ., reduces life imprisonment awarded to

Case Briefs Foreign Courts

Court of Appeal of the Republic of Singapore | Jurisdiction of Arbitral Tribunal is only revived to the extent of the remission ordered

“Apart from the remission ordered, there is no basis on which a party in CKH’s position or the Tribunal itself can seek to re-open or expand the subject matter of the award or arbitration.”

Case Briefs High Courts

[Pre-mature release] More beneficial category to convict will be applicable when the case falls under two different categories held Bombay High Court

Bombay High Court: In a petition filed by two convicts (‘petitioners’) challenging an order dated 09-07-2021 passed by Home Department,

Case Briefs

Decide all 350 bail applications in one go, Supreme Court directs Allahabad HC to expeditiously dispose of bail applications in cases pending for 10 years and 14 years

Supreme Court: On being appraised of high number of pending bail applications in 10-14 years old cases, the Division Bench of Sanjay