[Remission under Section 432 of the CrPC] The sentencing court’s opinion should be supported by sufficient justification: Supreme Court 

The Supreme Court recently stated [Jaswant Singh and Others v. State of Chhattisgarh and Another] that the presiding officer of the sentencing court must provide adequate justification when expressing an opinion on the grant of remission of a sentence under Section 432(2) of the Code of Criminal Procedure (CrPC).

The pertinent criteria outlined in Laxman Naskar v. Union of India(2002) should be considered before such an opinion is rendered, a bench of Justices Dinesh Maheshwari and Bela M Trivedi reaffirmed.

In the Laxmi Nasar case, the Supreme Court established specific criteria that the sentencing court’s presiding officer must take into account before expressing an opinion on whether to grant a convict’s request for remission under Section 432(2) of the CrPC.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.

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