Suspension and Remission of Sentences | Criminal Law - CLAT PG PDF Download

Remission, Suspension, and Commutation of Sentences 

Remission  refers to reducing the duration of a sentence, while suspension  involves postponing the sentence without altering its duration. Unlike remission and suspension, which do not change the nature of the sentence, commutation  alters the nature of the punishment, making it less severe.

Constitutional Provisions 

• Article 72  of the Constitution empowers the President to grant pardons, reprieves, respites, or remission of punishment, and to suspend, remit, or commute the sentence of any person convicted of an offence. This power is applicable in cases of court-martial, where the Governor's authority takes precedence.
• In cases where the executive power extends, and in instances of death sentences, the President's authority is exercised.
• Article 161  grants similar powers to the Governor of States, allowing them to pardon, reprieve, respite, or suspend, remit, or commute sentences based on state laws.

Suspension or Remission of Sentences 

• Suspension  involves the temporary stay or postponement of the execution of a sentence.
• Remission  entails a reduction in the duration of the sentence without altering its nature.

Difference between Suspension and Remission 

• Suspension  involves postponing the execution of a sentence without altering its duration.
• Remission  entails reducing the duration of a sentence without changing its nature.

Example of Remission 

• If a person is sentenced to two years in prison and their sentence is reduced to one year through remission, they are given a specific release date. Legally, they are considered a free individual from that date.

Procedure for Remission 

• The procedure for granting remission is outlined in Section 432 of the CrPC (Code of Criminal Procedure)  .
• The government seeks the opinion of the court that issued the original sentence.
• The court provides the necessary records, and the government decides to grant or reject the remission application based on the fulfillment of required conditions.

Power of Remission 

• The power of remission is an executive action, and there are no legal grounds to challenge its legality.
• However, the government should exercise this power fairly and not arbitrarily.
• Limitations under Section 433A of the CrPC  must be considered, ensuring that remission and suspension do not interfere with the court's conviction but only affect the execution of the sentence.

Commutation of Sentence 

• Commutation  involves changing the nature of a punishment to a less severe form, unlike suspension  and remission  , which only impact the duration of the punishment.

Examples of Sentences Eligible for Commutation 

• Death Sentence:  Commuting a death sentence to a different punishment under the Indian Penal Code (IPC).
• Imprisonment for Life:  Reducing life imprisonment to a term not exceeding fourteen years or imposing a fine.

Restriction on Powers of Remission or Commutation in Certain Cases 

• Section 433A  of the Code of Criminal Procedure (CrPC) restricts the powers of the President and the Governor from commuting a death sentence to less than 14 years of life imprisonment.
• In the absence of an order under Section 51 of the IPC  or Section 433A of the CrPC  , convicts are not released even after serving 14 years of imprisonment.
• Remission  under Section 432 of the CrPC  can be granted for definite term sentences, allowing for an "additional" term of imprisonment beyond the remission granted under jail manuals or statutory rules.
• In cases of indefinite sentences, such as life imprisonment, the sentence may be remitted or suspended, but not arbitrarily or based on the assumption of a fixed term, like twenty years.

Commutation of Sentences 

• Section 433 of the CrPC  empowers the government to commutate sentences in appropriate cases.
• Various sentences, including the death sentence, are eligible for commutation.
• Death Sentence to Another Punishment:  The government can commute a death sentence to a different punishment as provided in the IPC.
• Commuting Imprisonment for Life:  The government can reduce a life imprisonment sentence to a term not exceeding fourteen years or impose a fine.
• Commutation of Death Sentence:  Under Section 433 of the CrPC, the government has the authority to commute a death sentence to a lesser punishment.