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Question

Q. If the President of India responds to 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:

Option 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.

Option B is incorrect: Reprieve involves only a stay of the execution of a sentence for a specified time period.

Option 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.

Option 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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