High Court Criticizes Reliance on Outdated Rules for Denying Premature Release and Calls for Reformative Justice Approach
In a landmark decision, the Patna High Court, in the case of Jagarnath Thakur v. State of Bihar, has directed the Bihar State Sentence Remission Board to reconsider premature release applications, emphasizing adherence to the Bihar Prison Manual, 2012. The court, led by Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar, criticized the reliance on outdated rules and misinterpretations that led to the unjustified rejection of life convicts’ applications for premature release.
The court observed that the appellant, Jagarnath Thakur, had been denied premature release despite having served over 15 years in actual custody, owing to the misapplication of Section 57 of the Indian Penal Code and outdated administrative orders. The judges stressed that the Bihar Prison Manual clearly allows for the consideration of premature release after 14 years of actual imprisonment, provided no specific exceptions apply.
Highlighting the need for a reformative justice approach, the court underscored that punishment should focus on reformation rather than vengeance. It called for a humane and rehabilitative perspective, noting that the denial of premature release based solely on non-completion of 20 years, including remission, was unfounded.
The court further clarified that being on bail does not disqualify a convict from premature release consideration, emphasizing that eligibility depends on the total sentence served. Additionally, the court pointed out the irrelevance of Section 57 IPC and Section 6 of the Bharatiya Nyaya Sanhita, 2023, in determining the term for life imprisonment in the context of premature release applications.
The judgment directs the Remission Board to reassess not only Thakur's application but also those of 19 other prisoners who were excluded on similar grounds. The court has called for an affidavit detailing decisions taken during the Board's meeting, urging expedited processing of pending applications for premature release.
This decision is expected to impact the handling of premature release applications in Bihar, promoting a more just and reformative approach in line with modern legal standards.
Bottom line:-
Premature release of life convicts must be considered as per the Bihar Prison Manual, 2012, after serving 14 years of actual imprisonment without remission, unless covered by specific exceptions in Rule 481(i)(a), (b), or (c). Reliance on outdated rules or incorrect interpretation of Section 57 IPC or Section 6 of Bharatiya Nyaya Sanhita, 2023, is unjustified.
Statutory provision(s): Section 433A of the Criminal Procedure Code, 1973; Bihar Prison Manual, 2012; Section 57 of the Indian Penal Code; Section 6 of Bharatiya Nyaya Sanhita, 2023
Jagarnath Thakur v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2901044
