Pardoning Power Essay

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POWER TO PARDON: AN ANALYSIS In common parlance, to pardon means to forgive a person of his offence. The term 'pardon' has been defined as an act of grace, proceeding from the power entrusted with the execution of the law, which exempts the individual on whom it is bestowed upon, from the punishment the law inflicts for a crime he has committed. It affects both the punishment prescribed for the offence and the guilt of the offender. [2] In other words, grant of pardon wipes off the guilt of accused and brings him to the original position of innocence as if he had never committed the offence for which he was charged. Under Indian law, the President of India and the Governors of States have been given the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence. The law governing grant of pardon is contained in Articles 72 and 161 of the Constitution. Granting of pardon may be of two kinds. Absolute - Absolute pardon may blot out the guilt itself. It does not amount to an acquittal unless the Court otherwise directs. The accused is released permanently without requiring any condition to be fulfilled. Conditional:- Under this pardon, the offender is let off subject to certain conditions. The breach of these conditions will lead to revival of his sentence and he shall be subjected to the unexhausted portion of his punishment. Jurisprudence of Granting pardon:- The philosophy underlying the pardon power is that that “every civilized country recognizes and has, therefore provided for the pardoning power to be exercised as an act of grace and humanity in proper cases, without such a power of clemency to be exercised by some department or functionary of government, a country would be most imperfect and deficient in its political morality and in that attribute of deity whose judgments are always tampered

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