Convicts are entitled for remission even if sentence imposed is for specified term: Karnataka High Court

Convicts are entitled to being considered for remission even if the sentence is beyond 20 years or for a specified term, unless the order of sentence makes it clear that the convict shall not be entitled for premature release or remission or parole or the like, said the High Court of Karnataka.

The court pointed out that Rule 164 of Karnataka Prisons and Correctional Services Manual, 2021, is clear that there is no particular embargo on the convict being entitled for remission if the sentence is for 20 years or more, or even for a particular period beyond 20 years.

Justice Suraj Govindaraj passed the order while allowing a petition filed by Deepa Angadi, who had questioned the rejection of plea for remission of her husband, brother-in-law, and mother-in-law, who were sentenced to 21 years in 2013 in a murder case.

A trial court in Belagavi in 2008 imposed the death penalty on Siddappa, husband, Siddalingappa, brother-in-law, and Mallavva, mother-in-law of the petitioner, and the High Court in 2013 modified it to imprisonment for 21 years with the benefit of remission.

Their application for remission of sentence was rejected by the prison authorities for the reason that the imprisonment is for a specific period of 21 years.

However, the High Court clarified that there was no condition in the 2013 order that the convicts would not be entitled for remission or parole.

Pointing out that the remission system, which comes with some conditions, aims at the reformation of prisoners, the court said that “remission is held out as a carrot for the detenu so that they behave properly with discipline and good conduct with the hope of being released early by remitting the sentence”, though remission is not a right for any prisoner.

Citing a Supreme Court’s order which stated that convicts sentenced to life are entitled for remission only after 14 years of imprisonment, the High Court said that the petitioner’s relatives are entitled to be considered for remission as they had completed over 14 years.

The High Court directed the prison authorities to consider them for remission as their conduct has been found to be satisfactory.