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Under which pardoning power of the President, duration of sentence is reduced without changing its character? (SSC Sub. Ins. 2017)
- a)Commutation
- b)Remission
- c)Respite
- d)Reprieve
Correct answer is option 'B'. Can you explain this answer?
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Under which pardoning power of the President, duration of sentence is ...
Article 72 gives the pardoning power to the president in which duration of sentence is reduced without changing its character.
Most Upvoted Answer
Under which pardoning power of the President, duration of sentence is ...
The correct answer is option 'B': Remission.
Explanation:
Remission is a power granted to the President under Article 72 of the Indian Constitution. This power allows the President to reduce the duration of a sentence without changing its character. Let's understand this concept in detail:
Role of the President in Pardoning Power:
1. The President of India 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 offense.
2. This power is granted to the President under Article 72 of the Indian Constitution.
Understanding the Terms:
1. Pardon: A pardon is the complete forgiveness of a crime and erases all legal consequences of the conviction. It restores the person's civil rights and removes any remaining penalty or disability.
2. Reprieve: Reprieve means the temporary suspension of the execution of a sentence. It provides a temporary relief to the convict, allowing them more time before the sentence is carried out.
3. Respite: Respite refers to the reduction of the intensity or severity of a sentence, particularly in cases of death penalty. It is a temporary delay in the execution of a sentence to provide the convict an opportunity to seek legal remedies or for some other humanitarian reason.
4. Commutation: Commutation refers to the substitution of a lesser punishment for a greater one. It involves reducing the severity of the punishment without changing the character of the offense.
5. Remission: Remission is the power to reduce the duration of a sentence without changing its character. It is different from a pardon as it does not remove the conviction or the penalty associated with it, but only reduces the length of the sentence.
Conclusion:
In the given question, the President's power to reduce the duration of a sentence without changing its character is referred to as remission. This power allows the President to lessen the length of the punishment imposed on a convict, but the conviction and penalty remain intact.
Explanation:
Remission is a power granted to the President under Article 72 of the Indian Constitution. This power allows the President to reduce the duration of a sentence without changing its character. Let's understand this concept in detail:
Role of the President in Pardoning Power:
1. The President of India 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 offense.
2. This power is granted to the President under Article 72 of the Indian Constitution.
Understanding the Terms:
1. Pardon: A pardon is the complete forgiveness of a crime and erases all legal consequences of the conviction. It restores the person's civil rights and removes any remaining penalty or disability.
2. Reprieve: Reprieve means the temporary suspension of the execution of a sentence. It provides a temporary relief to the convict, allowing them more time before the sentence is carried out.
3. Respite: Respite refers to the reduction of the intensity or severity of a sentence, particularly in cases of death penalty. It is a temporary delay in the execution of a sentence to provide the convict an opportunity to seek legal remedies or for some other humanitarian reason.
4. Commutation: Commutation refers to the substitution of a lesser punishment for a greater one. It involves reducing the severity of the punishment without changing the character of the offense.
5. Remission: Remission is the power to reduce the duration of a sentence without changing its character. It is different from a pardon as it does not remove the conviction or the penalty associated with it, but only reduces the length of the sentence.
Conclusion:
In the given question, the President's power to reduce the duration of a sentence without changing its character is referred to as remission. This power allows the President to lessen the length of the punishment imposed on a convict, but the conviction and penalty remain intact.
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Under which pardoning power of the President, duration of sentence is reduced without changing its character? (SSC Sub. Ins. 2017)a)Commutationb)Remissionc)Respited)ReprieveCorrect answer is option 'B'. Can you explain this answer?
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