Presiding Judge Required To Give Adequate Reasons In Opinion On Sentence Remission U/S 432(2) CrPC: Chhattisgarh HC
🔹 Legal Provision: Section 432 CrPC – Power to Suspend or Remit Sentence
Section 432(1) CrPC:
Empowers the appropriate government (State or Central, depending on the offence) to suspend or remit the whole or part of the sentence of a convict at any time after conviction.
Section 432(2) CrPC:
Before granting remission or suspension, if the convict is sentenced in a case tried by a court other than the High Court, the appropriate government must seek the opinion of the Presiding Judge of the convicting court, who shall record his opinion with reasons.
🔹 Key Issue:
Is the Presiding Judge required to give "adequate reasons" while giving their opinion under Section 432(2)?
What is the judicial duty and significance of the judge’s opinion in this remission process?
🔹 Chhattisgarh High Court’s Interpretation:
The Chhattisgarh High Court held that:
The opinion of the Presiding Judge under Section 432(2) CrPC is not a mere formality.
The recommendation must be supported with adequate and intelligible reasons, based on facts, conduct of the convict, nature of offence, and impact on society.
This ensures transparency, judicial accountability, and effective exercise of executive discretion.
🧾 Key Points Emphasized by the Court:
Judicial Responsibility:
The Judge has first-hand knowledge of the case and is best placed to assess the gravity of the crime, the conduct of the convict, and whether remission is justified.
The opinion helps the Executive make an informed decision.
Reasoned Opinion Mandatory:
A bald or mechanical opinion — e.g., "not recommended" or "recommended" without explanation — defeats the purpose of Section 432(2).
The Judge must explain whether the convict has reformed, what the crime’s nature was, and what the victim’s or public’s interest would demand.
Principles of Natural Justice:
A reasoned opinion promotes fairness and avoids arbitrary exercise of power.
It aligns with constitutional values like Article 14 (equality) and Article 21 (right to life and personal liberty).
🔹 Relevant Case Law:
1. Union of India v. V. Sriharan @ Murugan (2016) 7 SCC 1
Constitution Bench of the Supreme Court examined the remission powers under Sections 432 and 433 CrPC.
Held that the Presiding Judge’s opinion under Section 432(2) is mandatory and must be duly considered by the government.
2. Laxman Naskar v. Union of India (2000) 2 SCC 595
Laid down guidelines for considering premature release of convicts.
Factors include conduct in prison, possibility of reformation, crime nature, and impact on society.
3. State of Haryana v. Mohinder Singh (2000) 3 SCC 394
The Court held that remission powers must be exercised judiciously and not arbitrarily.
🔹 Application of Law:
So, in line with these decisions, the Chhattisgarh High Court emphasized that:
The Presiding Judge's opinion under Section 432(2) is a crucial procedural safeguard.
It cannot be a one-line statement or a standard pro forma.
Instead, it must:
Be fact-based
Consider rehabilitative progress
Reflect on the crime’s severity
Assess victim’s or societal concerns
Failure to give adequate reasons can vitiate the remission process.
🔹 Summary:
| Point | Explanation |
|---|---|
| Provision Involved | Section 432(2) CrPC – Opinion of convicting court’s Presiding Judge before remission |
| Duty of Judge | Must provide a reasoned and detailed opinion, not a mechanical one |
| Why Important | Helps government make an informed and fair decision on remission |
| Supported by | Supreme Court rulings in Sriharan, Laxman Naskar, etc. |
| Chhattisgarh HC View | Reiterated that reasoned judicial input is mandatory, protects public interest and rule of law |
🔚 Conclusion:
The Chhattisgarh High Court rightly emphasized that Section 432(2) CrPC imposes a serious judicial obligation on the Presiding Judge to record adequate reasons in their opinion on sentence remission. This requirement safeguards against arbitrary releases, respects the rights of victims and society, and strengthens the justice system by upholding the rule of law.
RELATED Blog
0 comments