Basic concept of remission and commutation of sentence of convict and distinction between them

 In the context of the Criminal Procedure Code (CRPC) in India, the concepts of remission and commutation of a sentence pertain to the modification of a convict's punishment. Here are the basic concepts and distinctions between remission and commutation:

Basic Concepts:

1. Remission of Sentence:

   • Definition: Remission refers to the reduction or mitigation of the term of imprisonment without changing the nature of the sentence.
   • Authority: The power to remit a sentence is typically vested in the executive branch of the government, often exercised by the Governor or the President, depending on the nature of the offense.
   • Purpose: Remission is usually granted based on factors such as good conduct during imprisonment, completion of a certain percentage of the sentence, or humanitarian considerations.
   • Outcome: The primary outcome of remission is a reduction in the actual duration of imprisonment, allowing the convict to be released earlier than initially sentenced.

2. Commutation of Sentence:

• Definition: Commutation involves the substitution of a milder form of punishment for a more severe one, changing the nature of the sentence.
• Authority: The power to commute a sentence is generally vested in the executive authorities, often exercised by the President or the Governor, depending on the nature of the offense.
• Purpose: Commutation is considered in cases where there are grounds for mercy, the original sentence is deemed excessively harsh, or for other compelling reasons.
• Outcome: The outcome of commutation is a change in the nature of the punishment, such as converting a death sentence to life imprisonment or substituting a longer term with a shorter one.
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• Distinction:-
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• In summary, remission involves reducing the duration of imprisonment, while commutation involves changing the nature of the punishment. Both actions are discretionary and are typically exercised by executive authorities based on considerations of justice, equity, and humanitarian grounds as per the provisions of the Criminal Procedure Code in India.
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3. ‘Remission’ generally refers to the reduction or mitigation of a sentence that has been imposed on a person who has been convicted of a crime and allows for the reduction of the period of imprisonment or other penalties based on numerous factors and considerations in other words, without affecting the nature of sentence it is just a reduction in period of sentence to be served. The State may release convicts early under the remission policy, after considering factors such as good conduct, reformation, time served, and health.

The State has the power to suspend, remit, or commute the sentences of convicts under the Constitution of India and the Code of Criminal Procedure. This power is vested in the state by virtue of Articles 72 and 161 of the Constitution, which give the President and the Governor, respectively, the power to grant pardons, reprieves, respites, or remissions of punishment. Chapter XXXII of the Code of Criminal Procedure, 1973 (“CrPC”) also provides for the suspension, remission, and commutation of sentences, and sets out the procedures for doing so. Article 72 empowers the President of India to grant pardons, suspend, remit or commute the sentence of a person convicted of any offence and under Article 161 the Governor's power is analogous to that of the President under Article 72, but it is limited to offenses under State laws. The President or Governor of State holds this constitutional prerogative to grant pardons, often acting on advice from the Council of Ministers. They consider factors like offense severity, convict behavior, public interest, and judicial input when recommending pardons. Chapter XXXII of the CrPC from Section 432 to 435 lays down the procedures for the suspension, remission and commutation of sentences. Section 432 grants the government power to suspend or remit sentences, while Section 433 deals with the power to commute sentences. Section 433A mandates remittance only after 14 years of imprisonment. Section 434 allows the Central Government, in cases of death sentences, to exercise powers from Sections 432 and 433. Section 435 states that State Governments should consult the Central Government when dealing with cases under specific circumstances involving the Central Bureau of Investigation, central government personnel, or damage of property belonging to the Central Government.

Governments should weigh factors like the crime's impact on society, recurrence chances, and the convict's potential for future offenses. They must assess the necessity of ongoing confinement, factoring in age, health, family ties, reintegration prospects, remission earned, and post-conviction conduct including education, volunteerism, work, conduct in jail, social initiatives, and personal growth. For determination of these factors the Government may avail the assistance of a report formulated by a trained psychologist following interactions with the convict. This report would offer a holistic view of the person's progress, rehabilitation attempts, and prospects for successful reintegration into society after conviction.

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