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Question

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.

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