Remission of sentence under Section 433A CrPC and Article 161 of the Constitution: What the Supreme Court held

The Court discussed in detail the applicability of powers under Article 161 of the Constitution vis-à-vis Section 433A of the Criminal Procedure Code.
Justices Hemant Gupta and A.S. Bopanna
Justices Hemant Gupta and A.S. Bopanna

The Supreme Court on Tuesday held that the state government is empowered to grant remission of sentence to a prisoner only if he has undergone 14 years of actual imprisonment. If the imprisonment is less than 14 years, premature release can exclusively be granted by the Governor, on the aid and advice of the state (State of Haryana v. Raj Kumar).

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