ISSN 2581-5369
HeinOnline, MANUPATRA, Google Scholar Indexed
The Role of Pardon in Indian Jurisprudence: Executive Discretion and Legal Framework
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Parth Narayan Singh
Student at Law College Dehradun Uttranchal University, India
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Abhiranjan Dixit
Assistant Professor at Uttaranchal University, Law College Dehradun, India
Abstract
The IPC and CRPC are legal frameworks that grant the President and state governors the power to grant pardons, reprieves, respites, penalty remissions, and sentence suspensions. These legal precedents impact the criminal justice system and the rights and reintegration of offenders, considering factors like crime severity, likelihood of reoffending, and socioeconomic status. This article analyses the definition of remission as outlined in the Criminal Procedure Code (CRPC) and the Indian Penal Code (IPC), with a particular emphasis on the discretionary authority of executive decisions to decrease sentences and its effects on the rights and reintegration of offenders. This article looks at relevant legal precedents and standards for granting early release, including elements such as the seriousness of the crime, the likelihood of reoffending, socioeconomic status, and adherence to legal protections.
Keywords
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 4072 - 4079
DOI: https://doij.org/10.10000/IJLMH.117648Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2021