 |
|
|
|
|
|
|
||||||
|
 |
 |
|
|
||||||||
|
|
|||||||||||
 |
 |
|
||||||||||
 |
|
|||||||||||
|
||||||||||||
Report No. 35 Chapter XIV Mercy Topic Number 53(a) Existing powers of commutation 1001. Existing powers of commutation.- Coming to what is known as the "prerogative of mercy", we may note the provisions on the subjects contained in Articles 72 and 161 of the Constitution and section 401, 402 and 402A of the Code of Criminal Procedure1. These are quoted below:- 1. Sections 54 and 55 of the Indian Penal Code may also be seen. "72. (1) The President shall have 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- (a) in all cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends1; (c) in all cases where the sentence is a sentence of death. 1. As to execute power of the Union, see Article 73 of the Constitution. (2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force. 161. The Governor of a State shall have 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 against any law relating to a matter to which the executive power of the State extends1. 1. As to execute power of the State, see Article 162 of the Constitution. 401. (1) When any person has been sentenced to punishment for an offence, the appropriate Government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the (appropriate Government) for the suspension or remission of a sentence, the (appropriate Government) may require the presiding Judge of the court before or by which the conviction was had or confirmed to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion (and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists). N.B. (Remaining sub-sections not quoted). 402. (1) The appropriate Government may, without the consent of the person sentenced, commute any one of the following sentences for any other mentioned after it:- death, imprisonment for life, rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term, fine. (2) Nothing in this section shall affect the provisions of section 54 or section 55 of the Indian Penal Code. (3) In this section and in section 401, the expression "appropriate Government" shall mean- (a) in cases where the sentence is for an offence against, or the order referred to in sub-section (4A) of section 401 is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government; and (b) in other cases, the State Government. 402A. The powers conferred by sections 401 and 402 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government."    |
||||||||||||
|
||||||||||||
|
||||||||||||
 |
|
|||||||||||
 |
|
 |
|
|||||||||
Back