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Question

Consider the following statements :
1. Both President and Governor can pardon, reprive, respite, remit, suspend or commute the punishment or sentence.
2. While the President can pardon death penalty, governor can not pardon death penalty.
3. While the President can grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial, govenor can not.

Which of the above is/ are true ?
 
  1. c) 1 and 3 only
     
  2. d) All of the above
     
  3. a) 1 only
     
  4. b) 2 and 3 only
     


Solution

The correct option is B d) All of the above
 
Answer : D
President :

1. He can pardon, reprive, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against a Central law.

2. He can pardon, reprieve, respite, remit, suspend or commute a death sentence. He is the only authority to pardon a death sentence.

3. He can grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial (military court).

Governor

1. He can pardon, reprieve, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against a state law.

2. He cannot pardon a death sentence. Even if a state law prescribes for death sentence, the power to grant pardon lies with the President and not the governor. But, the governor can suspend, remit or commute a death sentence.

3. He can not grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial (military court).
 

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