Monday, 18 July 2022

Remission, Commutation And Suspension Of Sentence

 Remission, Commutation And Suspension Of Sentence

To commute a sentence means to shorten it in duration without altering the substance of the sentence. In criminal law, commutation refers to the reduction or substitution of a sentence with a less harsh one (for example, a death sentence for life imprisonment). Suspension is defined as the temporary withdrawal of a sentence, often known as the temporary delay of a punishment.

Remission and suspension of a sentence are two different things.

Section 432 of the Code of Criminal Procedure Code of 1973 stipulates that the judge has the authority to suspend or remit a sentence.

Remission differs significantly from suspension in that suspension indicates that the punishment will be postponed for a brief amount of time, but in remission the nature of the penalty will stay the same, but the time duration will be decreased.

A sentence that has been given by the relevant government can be commuted under the provisions of Section 432 of the Code of Criminal Procedure. In addition, the head of state has the authority to award remission to convicts upon their request, and there is also universal remission for a certain group of prisoners, which is granted with the assistance and advice of council ministers only on extraordinary occasions, according to the law.

For example, if A murders B and is sentenced to 30 years in jail, but his term is lowered to 15 years, this is referred to as remission of a sentence.

If, on the other hand, the condition of remission is not met, the remission will be revoked, and the offender will be required to serve the remainder of his original sentence. Aiming towards prisoner reformation, remission is intended to guarantee that a prisoner maintains positive relationships and behaviour with his or her fellow inmates, as well as to aid in the improvement of the prison's work culture. Remission Is typically awarded on the basis on the prisoner's behaviour while incarcerated, his assistance in the prison's work, and other factors.

On the contrary, suspension is dealt with under Chapter 32 of the Code of Criminal Procedure, which was published in 1973. It is the postponing of a court order (judgement) for a short length of time or for an unlimited amount of time in specific circumstances.

Suspension can be conditional or unconditional; unconditional suspension indicates that there are no restrictions linked to the suspension, whereas conditional suspended sentences entail that the offender must satisfy specific requirements prior to or concurrently with his or her suspension.

If A has been convicted of murder and sentenced to 20 years in prison, he has been granted unconditional suspension, which means he is free to do whatever he wants. However, if he has been granted conditional suspension with a condition that he must remain crime-free for the next 18 months, the judge may re-impose his suspended sentence on him if he violates his conditional suspension.

Even after it has suspended the imposition of a sentence, the court has the authority to remove the suspension and impose any punishment that is available at the moment of conviction, regardless of whether the sentence has been suspended. A court can conduct a review of the case and determine whether or not to revoke the suspension, as well as what punishment to apply if the suspension is reversed.

Changing the meaning of a statement

Commutation refers to the process of modifying the type of punishment; in most cases, it refers to the lowering of penalty from a severe punishment to a more severe punishment.

For example, if a person has been sentenced to death, the punishment may be commuted to life imprisonment. The commuting of a sentence is not subject to any restrictions. In accordance with Section 433 of the Code of Criminal Procedure, 1973, the responsible government has the authority to commute a sentence in proper circumstances. Some sentences are under the purview of commutation, mercy pleas, and death sentences, which is generally referred to as one of them.

The primary source of contention around the commutation is that it highlights the question of the offender's human rights as well as the impact on society as a result of the serious offence. In compliance with the Code of Criminal Procedure, the majority of death sentences are commuted to 14 years of life imprisonment. Additionally, Section 434 of the Criminal Procedure Code provides that in cases of death sentences, the rights of the states government under Sections 432 and 433 of the Criminal Procedure Code might be utilised by the federal government as well.

 In the case of the Rajiv Gandhi assassination, the Supreme Court modified the death sentence of the suspects to life imprisonment. As a result, the Tamil government suggested that the death sentences of all seven inmates be commuted, and this motion was contested before the Supreme Court, which said that. According to the Supreme Court, life imprisonment could only entail incarceration for the remainder of the convict's life, not for a period of time. The right to claim commutation, remission, or other relief as provided by Article 72 or Article 161 of the Indian Constitution would always remain in effect, regardless of the circumstances. The authority granted to the executive by our constitution is outside the scope of the judicial power of the courts, and as a result, the courts are unable to intervene in the affairs of the administration. Furthermore, a special category of sentence was established, which was either life imprisonment or imprisonment for a term of not more than 14 years, provided that the sentence was not commuted or that the high court or the supreme court ruled that the death penalty should be substituted for life imprisonment or imprisonment.The president has reduced more than 20 death sentences to life imprisonment over the course of the previous ten years with the assistance and suggestion of the minister of home affairs.

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