Wednesday 24 January 2024

Basic concept of remission and commutation of sentence of convict and distinction between them

 In the context of the Criminal Procedure Code (CRPC) in India, the concepts of remission and commutation of a sentence pertain to the modification of a convict's punishment. Here are the basic concepts and distinctions between remission and commutation:

Basic Concepts:

  1. Remission of Sentence:

    • Definition: Remission refers to the reduction or mitigation of the term of imprisonment without changing the nature of the sentence.
    • Authority: The power to remit a sentence is typically vested in the executive branch of the government, often exercised by the Governor or the President, depending on the nature of the offense.
    • Purpose: Remission is usually granted based on factors such as good conduct during imprisonment, completion of a certain percentage of the sentence, or humanitarian considerations.
    • Outcome: The primary outcome of remission is a reduction in the actual duration of imprisonment, allowing the convict to be released earlier than initially sentenced.
  2. Commutation of Sentence:

    • Definition: Commutation involves the substitution of a milder form of punishment for a more severe one, changing the nature of the sentence.
    • Authority: The power to commute a sentence is generally vested in the executive authorities, often exercised by the President or the Governor, depending on the nature of the offense.
    • Purpose: Commutation is considered in cases where there are grounds for mercy, the original sentence is deemed excessively harsh, or for other compelling reasons.
    • Outcome: The outcome of commutation is a change in the nature of the punishment, such as converting a death sentence to life imprisonment or substituting a longer term with a shorter one.

    • Distinction:-

    • In summary, remission involves reducing the duration of imprisonment, while commutation involves changing the nature of the punishment. Both actions are discretionary and are typically exercised by executive authorities based on considerations of justice, equity, and humanitarian grounds as per the provisions of the Criminal Procedure Code in India.
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