The Role of Pardon in Indian Jurisprudence: Executive Discretion and Legal Framework

Parth Narayan Singh and Abhiranjan Dixit

The Role of Pardon in Indian Jurisprudence: Executive Discretion and Legal Framework

Author : Parth Narayan Singh and Abhiranjan Dixit Journa Name: International Journal of Law Management & Humanities Country : India Volume: 7 issue: 3 Year: 2024 Views : 523

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.