Remission Policy Of Central Government For Long Term Convicts

Nidhi Yadav, LL.M, Galgotias University

ABSTRACT

The Remission system has been defined under the Prison Act, 1894 to be a set of rules formulated for the time being in force regulating the award of marks to, and the consequent shortening of sentence of, prison. It is an important aspect of the reformation and retribution principle of the criminal justice system. the Centre has recently taken a big decision to release a certain category of prisoners incarcerated in prison. The government has set criteria for prisoners who could apply for the remission scheme. Persons involved in some serious crimes will not be able to avail of this scheme. There are categories of prisoners who will be eligible for release. However, all prisoners who avail of this scheme will have had to have had good conduct within the premises of the jail.

1) Women and transgender convicts 50 years of age and above, who have completed 50 percent of their total sentence period 2) Male convicts 60 years of age and above, who have completed half of their total sentence period 3) Physically challenged or specially-abled convicts with 70 percent disabilities and have completed 50 percent of their jail term, will be eligible for early release 4) Convicts who are terminally ill and have served two-thirds of 66 percent of their total jail time would be considered if the medical board certifies their illness 5) Poor prisoners who have completed their sentencing but continue to be behind bars owing to their inability to pay the corresponding fine of their crime will also be considered in this scheme 6) Those an aged between 18-21 years who have no other criminal involvement/case filed against them and who have finished half their sentencing period will also be applicable for the remission scheme

The objective of this research is to analyze the remission system and to study the policy behind releasing these convicts.

Keywords: Remission, Reformation, Retribution, Prison Act