Suspension, Remission and Commutation of Sentences
⚖️ Suspension, Remission, and Commutation of Sentences
These are legal provisions related to the reduction or alteration of a sentence imposed on a convict, often as part of executive clemency powers.
1. Suspension of Sentence
Meaning:
Temporary stopping or postponement of the execution of a sentence.
Effect:
The sentence is not being served during the suspension period, but the suspension can be revoked, and the sentence enforced later.
Example:
A prisoner's sentence may be suspended pending an appeal or for humanitarian reasons.
Authority:
Courts or executive authorities may order suspension, depending on the law.
2. Remission of Sentence
Meaning:
Reduction of the period of sentence without changing the nature of the sentence.
Effect:
The convict serves less time than originally sentenced but the conviction remains.
Example:
A prisoner sentenced to 10 years may be released after 7 years as remission.
Authority:
Typically granted by the Executive (Governor of State or President of India) based on good behavior, conduct, or other factors.
Legal Basis:
Section 432 of the Code of Criminal Procedure (CrPC) empowers the appropriate government to remit sentences.
3. Commutation of Sentence
Meaning:
Substitution of one form of sentence with a lighter form.
Effect:
The nature of the sentence changes, for example, death penalty may be commuted to life imprisonment.
Example:
Death sentence commuted to life imprisonment or life imprisonment reduced to a fixed term.
Authority:
The President of India or the Governor has the power to commute sentences under Article 72 and Article 161 of the Constitution respectively.
🔹 Summary Table
| Term | Meaning | Effect | Authority | Example |
|---|---|---|---|---|
| Suspension | Temporary stopping of sentence | Sentence execution paused | Courts or Executive | Suspension of sentence during appeal |
| Remission | Reduction in sentence duration | Less time served, same sentence | Governor/President | 10 years sentence reduced to 7 years |
| Commutation | Change sentence to a lighter form | Sentence nature changed | Governor/President | Death penalty commuted to life imprisonment |
🧾 Constitutional Provisions
Article 72: Powers of the President to grant pardons, reprieves, respites, or remissions of punishment or commute sentences.
Article 161: Similar powers vested in the Governor of a State.
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