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+{{htmlmetatags>metatag-description=(Supreme Court in Parveen Kumar v Haryana 2026 held a remission policy under the Governor Article 161 constitutional power prevails over a later CrPC statutory one.)&metatag-keywords=(prisoner remission policy, Article 161 remission, premature release of convict, CrPC Sections 432 433)&metatag-robots=(index,follow)&metatag-og:title=(Article 161 Remission Policy Prevails Over CrPC Statute)&metatag-og:description=(Supreme Court in Parveen Kumar v Haryana 2026 held a remission policy under the Governor Article 161 constitutional power prevails over a later CrPC statutory one.)&metatag-og:type=(article)}}
+====== Which Remission Policy Applies to a Prisoner's Early Release? ======
+{{ :social:auto:prisoner-remission-article-161-overrides-statute.png?direct&1200 |Which Remission Policy Applies to a Prisoner's Early Release? — RTI Wiki}}
+When a prisoner's premature release is decided, and two different remission policies are on the books, the policy issued under the Governor's constitutional power under **Article 161** of the Constitution prevails over a later statutory policy framed under the Code of Criminal Procedure (CrPC). The Supreme Court settled this on 1 July 2026 in **Parveen Kumar @ Parveen Chauhan v. State of Haryana**, 2026 INSC 667. On the facts, Haryana's 2002 remission policy (traceable to Article 161) was held to apply over the State's later 2008 statutory policy for the convict concerned.
+<WRAP box>
+**Quick Reply:** A remission policy that flows from the Governor's constitutional power under Article 161 cannot be overridden by a remission policy later framed as a statute under CrPC Sections 432 and 433. Where an older constitutional policy is more favourable to the prisoner, that policy governs the premature-release decision. This is the ratio of //Parveen Kumar v. State of Haryana// (2026 INSC 667); it is not a blanket "the older policy always wins" rule.
+</WRAP>
+===== Two sources of the power to release a prisoner early =====
+"Remission" means a reduction of a sentence, and premature (early) release is granted by cutting short the remaining term. In India this power comes from two distinct legal sources, and the //Parveen Kumar// case is about which one prevails when they clash.
+^ Feature ^ Constitutional power (Article 161) ^ Statutory power (CrPC ss. 432-433) ^
+| Source of power | Article 161 of the Constitution (Governor); Article 72 for the President | Sections 432 and 433, Code of Criminal Procedure, 1973 |
+| Who exercises it | Governor of the State, on the aid and advice of the State Government | The "appropriate Government" through its executive machinery |
+| Nature | Independent constitutional power; sovereign clemency | Ordinary statutory power created by Parliament |
+| Can it be curtailed by a later statute? | No - a statute cannot diminish an independent constitutional power | Yes - it is subordinate to the Constitution |
+| Present status of the statute | Still the framework the policies were built under | CrPC replaced by the BNSS from 1 July 2024 (ss. 432-433 now correspond to BNSS provisions) |
+The case itself was decided on policies framed under the CrPC regime, so it uses CrPC language. Since 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the CrPC, and the old Sections 432-433 now have BNSS equivalents - but the constitutional supremacy the Court described applies just the same.
+===== What the Supreme Court held =====
+Parveen Kumar was convicted in 2009 for murder and had spent more than fourteen years in custody before seeking premature release. The dispute was whether his release should be governed by Haryana's **2002 remission policy** or the State's **2008 policy**. A Bench of **Justices Sanjay Karol and N. Kotiswar Singh** held:
+  * A remission policy framed in exercise of the Governor's constitutional power under **Article 161** cannot be overridden by a subsequent statutory policy issued under **CrPC Sections 432 and 433**.
+  * A statute is subordinate to the Constitution, so a later statutory policy cannot diminish or displace an exercise of independent constitutional power.
+  * On the facts, Haryana's **2002 policy** (traceable to Article 161) continued to hold the field over the 2008 statutory policy for this prisoner.
+  * The Court declared its own 2021 decision in //State of Haryana v. Raj Kumar// to be //per incuriam//, because it ran contrary to the larger-Bench ruling in //State of Haryana v. Jagdish// (2010).
+  * Haryana was directed to reconsider Parveen Kumar's application afresh, in light of these principles, within four weeks.
+The narrow point to take away: the ratio is about the //constitutional source// of the 2002 policy prevailing over a //later statutory// one. It does not mean an older policy always beats a newer one for unrelated reasons.
+===== What this means for a prisoner or their family =====
+If you are pursuing premature release for a convicted relative, the case gives you a concrete argument and a checklist.
+  - **Identify every remission policy that could apply.** States often have more than one - an older policy issued under Article 161 and a newer one framed under the CrPC (now BNSS). List them by year.
+  - **Trace the source of each policy.** Check whether the older policy was issued in exercise of the Governor's Article 161 power. If it was, and it is more favourable (shorter qualifying period, easier eligibility), you can argue it prevails over a later statutory policy.
+  - **Apply the policy in force when the crime or conviction occurred, read with this ruling.** Remission eligibility is usually tested against the policy applicable at the relevant date; //Parveen Kumar// adds that a constitutional policy cannot be knocked out by a later statute.
+  - **File the premature-release application** with the jail authorities / Sentence Review Board of the State, attaching the conviction details, custody certificate, and conduct record.
+  - **Use RTI to get the policies and your records.** File an RTI application to the State Home/Jail Department for copies of both remission policies, the Sentence Review Board minutes, and the status of the release file. You can draft one quickly with the [[https://righttoinformation.wiki/tools/ai-rti-drafter|AI RTI Drafter]].
+  - **If release is wrongly denied, seek legal remedy.** A writ petition or, where relevant, a bail-type application can follow. See our guide on how to [[https://righttoinformation.wiki/file-bail-application-2026|file a bail application in 2026]] for the mechanics of moving the court.
+For a step-by-step method of framing sharp RTI questions to the prison authorities and following up on a stalled file, read [[https://righttoinformation.wiki/book|The RTI Playbook]].
+For example, if Dr. Shrawan Kumar Pathak, a life convict, has completed the qualifying period under an Article 161 policy of 2002 but the jail is testing him against a stricter 2008 CrPC policy, this judgment lets his family insist that the 2002 constitutional policy be applied to his premature-release decision.
+===== Sources =====
+  * LiveLaw report: https://www.livelaw.in/supreme-court/remission-policy-issued-under-article-161-overrides-statutory-policy-framed-under-crpc-supreme-court-539489
+  * Verdictum report (2026 INSC 667): https://www.verdictum.in/supreme-court/2026-insc-667-parveen-kumar-v-state-of-haryana-1616999
+  * Supreme Court judgment PDF: https://www.sci.gov.in/sci-get-pdf/?diary_no=218852026&type=j&order_date=2026-07-01&from=latest_judgements_order
+  * Constitution of India, Articles 72 and 161: https://www.indiacode.nic.in/
+===== Frequently asked questions =====
+==== What is remission of a sentence? ====
+Remission is a reduction of a prisoner's sentence, allowing early or premature release before the full term is served. It can flow from the Governor's constitutional power under Article 161 (President under Article 72) or from the statutory power under CrPC Sections 432-433, now the corresponding BNSS provisions.
+==== Which remission policy applies to a prisoner's early release? ====
+Where two policies exist, a policy issued under the Governor's Article 161 constitutional power prevails over a later statutory policy framed under CrPC Sections 432-433. In //Parveen Kumar v. State of Haryana// (2026 INSC 667) the Supreme Court applied Haryana's 2002 constitutional policy over its 2008 statutory policy.
+==== Does the older policy always win? ====
+No. The ruling is narrower than that. It says a policy rooted in the //constitutional// Article 161 power cannot be overridden by a //later statutory// policy. The 2002 policy won because of its constitutional source and because it was more favourable, not merely because it was older.
+==== Do CrPC Sections 432-433 still exist after the BNSS? ====
+The CrPC was replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) from 1 July 2024, and Sections 432-433 now correspond to BNSS provisions. The //Parveen Kumar// case dealt with policies framed under the CrPC regime, but the principle - the Constitution overrides an ordinary statute - carries over.
+==== How do I apply for premature release of a convicted relative? ====
+Apply to the State prison authorities or Sentence Review Board with the conviction and custody records, citing the most favourable applicable policy. Use RTI to obtain both remission policies and the status of the release file, and seek legal advice if release is wrongly refused.
+{{tag>rti crpc remission policy applies prisoner early release}}