Pardoning powers of the president and Governor and types of pardon in Telugu by advocate sowjanya

Описание: for documents downloaded visit https://www.advocateslibrary.com/ When the President of India takes an action over the case of punishment or the sentence of any person convicted for an offence, it takes the form of his pardoning powers.

They are of five types:
1.Pardon
2.Reprieve
3.Remit
4.Respite and
5.Commute
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1. Pardon:
When the President pardons, both the sentence and the conviction of the convict completely absolve the sentences, punishments and disqualifications.

2. Respite: When the President uses the pardoning power of ‘Respite’, he chooses to award a lesser sentence in place of one originally awarded to the convict.
Example: due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender, the President can use this power.
3. Reprieve: When the President chooses the pardoning power of ‘Reprieve’; he stays the execution of a sentence (especially that of death) for a temporary period.
By doing this, he enables the convict to have time to seek pardon or commutation from him.

4. Remit: When the President chooses the pardoning power of Remit, he acts to reduce the period of the sentence but the character of the sentence remains the same.
Example: a sentence of rigorous imprisonment for 7 years may be remitted to rigorous imprisonment for 5 year but the imprisonment remains rigorous.
5. Commute: When the President chooses to use this pardoning power of ‘Commute; he substitutes one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous

Article 161: Pardoning Power of the Governor of the State.
When a convict has committed an offence against state law..


1.Pardon: However, the governor cannot pardon the death sentence which only the Indian President can do.

These pardoning powers of the Governor form the part of his judicial powers.

When the Governor pardons, both the sentence and the conviction of the convict completely absolve the sentences, punishments and disqualifications.
Note: He cannot pardon the death sentence . H e cannot pardon the punishment by court-martial

2. Respite : When the Governor uses his pardoning power of ‘Respite’, he chooses to award a lesser sentence in place of one originally awarded to the convict.
Example: due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender, the President can use this power.
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Pardoning Power of the Governor of the State.
3.Reprieve: When the Governor chooses the pardoning power of ‘Reprieve’; he stays the execution of a sentence (especially that of death) for a temporary period. By doing this, he enables the convict to have time to seek pardon or commutation from him.
4.Remit: When the President chooses the pardoning power of Remit, he acts to reduce the period of the sentence but the character of the sentence remains the same.
Example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year but the imprisonment remains rigorous.
5.Commute: Governor can commute the punishment or sentence of any person convicted of any offence against a state law or he can commute a death sentence

President
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He can pardon a sentence of the convict given by the court-martial or the military court.
The President can pardon the death sentence.
where the convict has committed an offence against a Union law

Governor
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Governor does not have the power to pardon the sentence inflicted by the court-martial on the convict.
Governor cannot pardon the death sentence but he can suspend, remit or commute the death sentence.
where the convict has committed an offence against a state law