Sessions court in 2008 sentenced all the five accused for life and their conviction was upheld by the Gujarat High Court in 2012. Such a view is in conformity with the provisions of Articles 20 1 and 21 of the Constitution. Mohan Singh, held that the power to grant remission is no doubt discretionary but it is subject to constitutional rights of prisoners and cannot be used so as to discriminate the prisoners exclusively on the basis of caste or race. However, the provisions of Sections 432 and 433-A Cr. The Remission policy manifests a process of reshaping a person who, under certain circumstances, has indulged in criminal activity and is required to be rehabilitated. Also direct to undergo the unexpired portion of the sentence. It is done by the appropriate government with the consent of the person sentenced.
Similarly, rehabilitation and social reconstruction of life convict, as objective of punishment become of paramount importance in a welfare state. It is also an act of justice, supported by a wise public policy. Less frequent use of imprisonment, the abandonment of short sentences, the attempt to use prison as a training rather than a pure punishment, and the greater employment of probation, parole and suspended sentences are evidence of this general trend. The punishment, if taken to be remedial and for the benefit of the convict, remission should be granted. The matter is required to be examined keeping in view modern reformative concept of punishment. Every civilised society recognises and has therefore provided for the pardoning power to be exercised as an act of grace and humanity in appropriate cases.
This section does not give any power provides to the the Government power of to reverse remitting the the judgment sentence. The word remit as used in Section 432 is not a term of art. Constitution This speaks of power is executive grant of reprieves, in nature. There is therefore, no obstacle in the way of the Governor in remitting a sentence of death. The Code Of Criminal Procedure, 1973 27.
It has been held that the exercise of power under Section 432 is subject to judicial review. This matter relates to the State of Haryana. This power has been exercised in most of the States from time immemorial, and has always been regarded as a necessary attribute of sovereignty. In Mahender Singh supra , this Court as referred to hereinabove held that the policy decision applicable in such cases would be which was prevailing at the time of his conviction. Suspension means a stay of the sentence of the execution of the sentence.
I am thankful to other faculty members of Patna University for their co-operation. The act of remission of the State does not undo what has been done judicially. When a person shifted to a criminal jail under Sub-Section 2 of section 417. This means that whatever period of detention has been undergone by the accused during the completion of investigation, inquiry or trial will be reduced from the sentence passed on such accused. It is the government which has the right to grant remission and commutation of sentence.
She is currently interning with LatestLaws. No, capital sentence cannot be executed on a pregnant woman. The expression appropriate Government used in Section 432 or 433 refers to the State in which the prisoner has been convicted and sentenced and only such Government has the power to remit or suspend the sentence, and not the State where the prisoner might have been subsequently transferred, or where the offence is committed. Execution of sentence of imprisonment 6 1 Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 413, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail and the accused may be confined in such place as the court may direct. It is a matter of performance of official duty.
But when the sentence is suspended and the convict is ordered to be released on bail, such an order prevails over the powers of the Government under Section 432, Cr. According to the classification of prisoners, Class 1 prisoners are those who had committed heinous organized crimes or specially dangerous criminals. Considerations of public policy and humanitarian impulses — supports the concept of executive power of clemency. Para 5 22 executive of in carve Section Sec. The executive's act of grace in showing mercy to an accused or a convicted person takes several forms such as reprieve, pardon, respite, commutation, remission etc.
If clemency power exercised and sentence is remitted, it does not erase the fact that an individual was convicted of a crime. If the punishment is necessary, it ought not to be remitted: if it is not necessary, the convict should not be sentenced to undergo it. Under Article 161 of the Constitution, the governor of the state also possesses the pardoning power. Section 432 3 conditions, which are speaks of remission specifically contemplated provides by Section or for 432 1 suspension with any of the consequences of Criminal Procedure Code not being fulfilled. The power is discretionary and the Government is not required to record reasons for remitting the unexpired portion of the sentence in the remission order.
Suspension means to take or withdraw the sentence for the time being. Pardon is an act of grace, proceedings from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment which law inflicts for a crime he has committed. Section 432 of the Code of Criminal Procedure provides the following provisions relating the power to suspension or remission by an appropriate Government: 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. If such condition, in the opinion of the appropriate Government, not fulfilled. Whether the sovereign happened to be an absolute monarch or a popular republic or a constitutional king or queen, Sovereignty has always been associated with the source of power — the power to appoint or dismiss public servants, the power to declare war and conclude peace, the power to legislate and the power to adjudicate upon all kinds of disputes etc. Such certification that person entitled to released under section 58 of the Code of Civil Procedure, 1908 or under section 23 of the Provincial Insolvency Act, 1920, as the case may be. The brother of the murdered person is considered to one of the most aggrieved parties and punishment.