Commutation
Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT
Meaning
Commutation is one of the five forms of the pardoning power. It means replacing a punishment with a lighter type of punishment. The President has this power under Art. 72 and Governors under Art. 161. It is used on the advice of the government. It lets the state show mercy without wiping out the conviction.
Example
A death sentence can be commuted to rigorous imprisonment (prison with hard labour), and rigorous imprisonment to simple imprisonment. In Shatrughan Chauhan (2014), the Supreme Court held that long, unexplained delay in deciding mercy petitions justifies commuting a death sentence.
Don't confuse with
- Remission: this cuts the length of a sentence but keeps its type. Commutation changes the type of punishment.
- Pardon: this removes both the sentence and the conviction. A Governor can commute a death sentence but cannot pardon it.
Related concepts
- Pardoning power of the President
- Pardon
- Remission
- Respite
- Reprieve
- Maru Ram case
- Kehar Singh case
- Epuru Sudhakar case