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Constitution of India · Section Article 161

Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 161 — Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

  1. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.—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 extends.

Plain English Summary

This article gives the Governor of a State the authority to decide on punishments for people convicted of crimes under laws that fall under the state's executive power. This power includes forgiving offenders, reducing their sentences, or changing the punishment they receive in specific situations.

Key Points

  • The Governor has the power to grant pardons (forgiveness), reprieves (temporary relief from punishment), respites (temporary suspension of punishment), remissions (reducing the sentence), or commute (changing the sentence).
  • This power applies only to offenses under laws that are within the executive authority of that State.
  • This power is exercised in specific cases where the Governor deems it appropriate.

Why It Matters

This article ensures that there is a mechanism for mercy and judicial discretion at the state level when dealing with criminal convictions, offering a pathway for clemency.

Landmark Judgements

No major landmark judgements.

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