The Nirbhaya gang - rape and murder convicts filed a mercy petition with the President of India by using the Constitutional provision of “the sentence is a sentence of death”. As per which Article of the Constitution did the President reject the petition?
- AOption (a)
Article 70, Part V
- BOption (b)
Article 71, Part V
- COption (c)
Article 72, Part V
- DOption (d)
Article 74, Part V
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Correct answer
Article 72, Part V
Why this answer is correct
The correct answer is Article 72, Part V.
Key Points
- Article 72, Part V of the Indian Constitution empowers the President to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
- Article 72 provides:
- (1) The President 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—
- in all cases where the punishment or sentence is by a Court Martial;
- in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
- in all cases where the sentence is a sentence of death.
- Thus, Article 72 empowers the President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
- As per the Constitutional framework in India, a mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.
- A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India.
- Pardoning powers of the President come under Article 72 of the constitution.
- Pardon: To free the criminal from all Punishments.
- Commutation: To substitute one form of punishment with another without changing the sentence i.e reduction of a judicial sentence, especially a sentence of death to another less severe
- Respite: Change the nature of punishment due to some special condition i.e awarding lesser punishment due to pregnancy of women offenders.
- Reprieve: Temporarily deferred punishment.
- Remission: Reducing the period of a sentence without changing its character.