This document discusses remission, which refers to the reduction of a prisoner's sentence. There are different types of remission that can be granted, such as ordinary remission granted by prison officials based on good behavior, or special remission for meritorious acts. The aims of remission are to encourage rehabilitation and good conduct. A remission committee in each prison reviews cases and makes recommendations. Life sentences are calculated as 20 years for remission purposes. Remission can be removed for certain offenses, but prisoners can be re-admitted to remission later.

1. CHAPTER- XVIII
REMISSION
(MODEL PRISON MANUAL, 2016)
BY
NANCY
M.A.CRIMINOLOGY

2. WHAT IS REMISSION ?
Remission refers to "the reduction of one's sentence."
Remission is a government decision to allow a person who
has been convicted of a crime, to be released and absolved of
that conviction, as if never have been convicted.
Remission system: The rules in force for regulating the
shortening of sentence of prisoners. (chapter- 2)

3. 18.01.1 TYPES OF REMISSION
I. Remission under the provision of the Prisons Act, 1894 or
respective Prisons Act of the State and Rules made thereunder.
II. Remission in sentence granted by the appropriate Government
under Section 432 of the Code of Criminal Procedure, 1973.
III. Remission by the Head of the State under Article 72 or 161 of the
Constitution of India. The Head of the State has all the powers
to grant remission to prisoner on his request as well as grant
general remission to the specified category of prisoners on
special occasions on the recommendation of the Council of
Ministers.

4. AIMS & PURPOSE OF REMISSION
Aims : Remission system aims at the reformation of a prisoner. The
scheme is intended to ensure prison discipline and good conduct on the
part of the prisoners, and to encourage learning and better work culture,
with the prospect of their early release from prison as an incentive.
(18.02) Remission is a concession, which can be granted to prisoners by
Head of the State ,appropriate Government or by the Head of the Prison
Department.
Purpose : (18.03) Remission should be granted on the basis of an inmate's
overall good behavior during the stay in the Jail, willingness to take work
while in custody, cooperation and help to the prison administration in
prison management and general response to various institutional
activities.

5. 18.05 KINDS OF REMISSION BY PRISON
AUTHORITIES
I. Ordinary remission :
Authority to grant ordinary remission: The Superintendent of Prison, or an officer
nominated by him on his behalf, is authorized to grant ordinary remission.
The following types of convicted prisoners shall be eligible for ordinary remission:
Prisoners having substantive sentences of two months and more, Prisoners, sentenced to
simple imprisonment for two months or more, who volunteer to work,
Prisoners employed on prison maintenance services requiring them to work on Sundays
and Holidays, e.g. sweeping, cooking etc., irrespective of the length & nature of their
sentence i.e., simple or rigorous imprisonment, Prisoners admitted for less than one
month in hospital for treatment or convalescence after an ailment or injury not caused
willfully.

6. ll. Special remission : Authority to grant special remission: Head of the Prisons Department, on the
recommendation of the Superintendent of Prison, will be the competent to grant special remission.
Criteria to grant special remission: Meritorious work by inmates should be rewarded by grant of special
remission in addition to the annual good conduct remission to create a spirit of healthy competition among
prisoners. Such special remission may be granted to prisoners eligible for ordinary remission on the following
considerations:
Saving the life of a government employee, a prison visitor or an inmate, Protecting a government employee or
prison visitor or inmate from physical violence or danger,
Preventing or assisting in prevention of escape of prisoners, apprehending prisoners attempting to escape, or
giving material information about any plan or attempt by a prisoner, or a group of prisoners, to escape,
Assisting prison officials in handling emergencies like fire, outbreak of riots and strike,
Reporting of, or assisting in, prevention of serious breach of prison regulations ,Outstanding contribution in
cultural activities or education or acquiring an additional education qualification (such as a degree or
diploma) or teaching art & craft and special skills to fellow inmates ,Specially good work in industry,
agriculture or any other skill development program , or in vocational training.
Scale of Special Remission: Subject to the fulfilment of any one or more of the conditions aforementioned,
special remission not exceeding 30 days in a calendar year completed by the prisoner in a Jail.

7. 18.13 REMISSION BY HEAD OF
STATE
Remission granted by the Head of the State under Article 161 of the Constitution of
India, acting on the aid and advice of the Cabinet of Ministers, shall be called
Remission by Head of the State.
 Remission by Head of the State may be granted on occasions of National importance
or public rejoicing.
Note - No Rules can be prescribed for the Head of the State for grant of this type of
remission.
Eligibility : The remission by Head of the State can be awarded to such prisoners, or
categories of prisoners, as the Head of the State may decide.

8. 18.17 REMISSION COMMITTEE
The Remission Committee for remissions to be granted by the Jail authorities –
The Remission Committee of each institution will consist of:
i) Superintendent-in charge of the institution - Chairman,
ii) Deputy Superintendent or senior most prison officer available in the
institution,
iii) Assistant Superintendent/Deputy Jailor/Assistant Jailor in charge of
remission section,
iv) Officer in charge of Industries/ Vocational Training. Functions of Remission
Committee

9. The functions of this committee are:
i) to attend to all matter pertaining to remission,
ii) to recommend cases of prisoners to Head of Prisons Department for the grant
of special remission as per provisions of this manual.
Procedure (18.19): The members of the committee should assist the
Superintendent in all matters pertaining to the award of remission. The decision
of the Superintendent should be treated as final.
 The Remission Committee should meet every Monday in the first week of
every month or as and when required. Monday means Monday or next working
day, if Monday is a Jail holiday.

10. 18.20 LIFE CONVICTS
 Life sentence shall be taken as imprisonment for twenty years for the purpose
of calculation of remission (as per the logic given in Section 57 of the Indian
Penal Code, 1860).
 In the case of a prisoner serving more than one life sentence, twenty years
shall be treated as the total of all his sentences for calculating remission.
Grant of remission to a life convict shall not mean actual remission in his
sentence. When his case will be examined by the Review Board for pre-mature
release, the remission to his credit will be one of the factors on the basis of
which the review of his sentence will be considered.

11. 18.25 REMOVAL AND REVOCATION OF
REMISSION
The Head of the Prisons Department, on the recommendation of
Superintendent of Prison, may remove any prisoner from remission for a period
of six months for committing any specified prison offence.
 Similarly, the Superintendent of Prison may remove a prisoner from remission
for three months. However, the sanction of the Inspector General will be
necessary for such removal from remission for any period exceeding three
months.
(18.26) With prior sanction of the Head of the Prisons Department, the
Superintendent of Prison may re-admit any prisoner to remission who has been
removed from there. The prisoner who is re-admitted to remission shall earn
remission under these rules from the commencement of the month following
his re-admission.

12. Thank you