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Executive Power u/s 432 to 435 crpc

The criminal procedure code 1973 empower the Government to suspend, remitt a sentence or commute the sentence awarded to him by any court regarding any offence and the appropriate Government may with or without the condition suspend or remit the sentence and without the consent of the person sentenced him, but the power are not absolute, there is certain restrictions imposed upon exercising the power regarding suspension, commutation or remission areu/s 432, 433.

K .M Nanavati vs State of Bombay

The Constitution of India vests a large amount of sovereign of power on the president and the Governor. Under article 72 of the Constitution, the President has the power to perdon ,remit suspend or commute any sentence. Simply u/s 161 of the Constitution of India, the powers are conferred on the Governor of the State.

The Governor can pardon / reprive/respite a punishment or suspend ,remit or commute the sentence, which is given on the basis of the laws prevalent in the State to which the Executive Power of the state extends.

The difference between the pardoning power of the President and that of the Governor is that the Governor does not enjoy the power to grant pardon to a death convict.

However the power of the President is not absolute and depends on the consultation of the Council's of Minister's.The constitution does not provide for any mechanism to chek the legality of the decision taken by the President and the Governor while exercising their Power.

U/s 433 Crpc the appropriate Government can commute a sentence in an appropriate case and gives Power to the Government to commute the death sentence to a simple sentence.

S 434 of Crpc given concurrent power to the Central Government in cases of death penalty and State Government to act after consultation with the Central Government in certain cases u/ s 435 Crpc.

The sentence awarded by the Judiciary to an offender can be remitted , suspended or commuted by the Executive action. The provision of the Constitution and Criminal Procedure Code ,1973 gives various powers to the President and the Governor to alter the sentences awarded to the offender. The Executive power has no legal check but after few judicial cases ,a small window for the Judiciary Review has been available.

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