Pardon
Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT
Meaning
A pardon is the fullest form of clemency (mercy shown by the state). It removes both the sentence and the conviction, so the person is treated as if they had never been found guilty of the offence. In India the President can pardon under Art. 72, and a Governor under Art. 161. Both act on the advice of their ministers.
Example
The President can pardon a person sentenced to death. A Governor cannot. A Governor can only commute a death sentence, which means swapping it for a lighter punishment.
Don't confuse with
- Commutation: it only swaps in a lighter kind of punishment, for example death for rigorous imprisonment. The conviction stays.
- Remission: it only cuts the length of the sentence. The conviction and the type of punishment stay.
Related concepts
- Pardoning power of the President
- Commutation
- Remission
- Respite
- Reprieve
- Maru Ram case
- Kehar Singh case
- Epuru Sudhakar case