Remission policies may be composite ones referable both to S. 432/S. 433 CrPC and Art. 161 of the Constitution. Remission power exercisable under a particular remission policy whether would be one exercisable: (A) under S. 432/S. 433 CrPC, and/or (B) under Art. 161 of the Constitution, inter alia, depends on: the terms of the remission policy in question, the nature of the sentence imposed, and, the actual period of imprisonment served by the prisoner concerned. In respect of sentences of the nature mentioned in S. 433-A CrPC, if the actual period of imprisonment is not less than 14 yrs, then appropriate Government is free to exercise its powers under S. 432/S. 433 CrPC, with or without approval of the Governor. However, in respect of sentences of the nature mentioned in S. 433-A CrPC, if actual period of imprisonment is less than 14 yrs, then remission power is only exercisable by Governor under Art. 161 of the Constitution on aid and advice of State Government as restrictions under S. 433-A CrPC cannot apply to constitutional power under Art. 161 of the Constitution. Furthermore, applicable sentence remission policy, reiterated, must be the one existing on date of conviction of accused and not the one existing on the date of consideration of his case for premature release by appropriate authority. In the instant case, Held, the prisoner herein has completed 12 years and 25 days as on 6.07.21 as per custody certificate provided by the State. The case for premature release of the prisoner in terms of the policy of the State government dated 13.08.2008, the policy which was applicable on the date of his conviction, can be considered only after he completes 14 years of imprisonment. However, the State government can consider the prisoner in question for premature release after undergoing imprisonment for less than 14 years only under Article 161 of the Constitution.

[State of Haryana v. Raj Kumar, (2021) 9 SCC 292]

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