Q. If the President of India responds on a plea by a convict and changes the punishment of death sentence to 10 years rigorous imprisonment, which of the following judicial powers is said to be exercised?
A
Respite
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B
Reprieve
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C
Remission
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D
Commutation
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Solution
The correct option is D
Commutation Explanation:
Statement A is incorrect. Respite involves due to some of the special facts such as the physical disability of a convict or the pregnancy of a woman offender etc. the President will award a lesser sentence in place of one originally awarded.
Statement B is incorrect. Reprieve involves only a stay of the execution of a sentence for a specified time period.
Statement C is incorrect. Remission involves reducing the sentence period without changing its character. For example, reducing a sentence of rigorous punishment of 5 years to 3 years.
Statement D is correct. Commutation involves the substitution of one form of punishment for a lighter form. For example, a death sentence can be commuted to rigorous imprisonment. Unlike remission, in commutation the nature of punishment will be changed.