Question

With reference to ‘death penalty’, recently in news, which of the following statement is/are incorrect
1. Article 72(1) of the Constitution states that the President has power to suspend, remit, or commute in all death sentences.
2. Law Commission of India recommended the continuation of capital punishment in India.
3. According to article 161 of the constitution governor of a state have power similar power to suspend, remit or commute in all death sentences.
Select the correct option using the code given below:

• A. Only 1 and 2
• B. Only 2 and 3
• C. Only 1 and 3
• D. All of the above

Answer 1

The correct option is B Only 2 and 3

1. The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence
2. In all cases where the punishment or sentence is by a Court Martial;
3. In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;'
4. In all cases where the sentence is a sentence of death
5. Law Commission of India submitted a report to the government which recommended the abolition of capital punishment for all crimes in India, excepting the crime of waging war against the nation or for terrorism-related offences.
6. As per article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. Please note that President can grant pardon to a person awarded death sentence. But Governor of State does not enjoy this power