In India Who among the following has the power to pardon, reprieve or commute the punishment of any criminal?
Correct Answer :
President
Solution :
The correct answer is President.
Under Article 72 of the Constitution of India, the President has the power to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence in all cases where:
1. The punishment or sentence is by a Court Martial;
2. The punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
3. The sentence is a sentence of death.
Let us understand the terms associated with this power:
- Pardon: It completely absolves the offender from all punishments, sentences, and disqualifications.
- Commutation: It denotes the substitution of one form of punishment for a lighter form (for example, converting a death sentence into rigorous imprisonment).
- Remission: It implies reducing the period of a sentence without changing its character (for example, reducing a sentence of rigorous imprisonment from two years to one year).
- Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the pregnancy of a woman offender.
- Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period to enable the convict to seek pardon or commutation from the President.
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