pardon
In constitutional law, a pardon is the widest form of executive clemency: it removes the sentence and the disqualifications attached to conviction. It is granted by the President under Article 72 or the Governor under Article 161. The lesser forms are commutation (substituting a lighter sentence), remission (reducing its length), respite (lesser sentence for special reasons) and reprieve (temporary stay, usually of a death sentence).
In criminal procedure the word has a second meaning: the court may tender a pardon to an accomplice on condition that he makes a full and true disclosure. He then becomes an approver and is examined as a witness. If he breaks the condition he can be tried for the offence.
Example
The co-accused accepted a tender of pardon under the BNSS and was examined as an approver against the others.
In Indian law
- Articles 72 and 161, Constitution of India
- s.343 BNSS (old s.306 CrPC): tender of pardon to accomplice
- ss.473 and 474 BNSS (old ss.432 and 433 CrPC): suspension, remission and commutation by the appropriate government
See also
pardoning power · approver · remission · commutation
Read more in the study notes
- Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
- Execution, suspension, remission and commutation of sentences; mercy petitions (Bharatiya Nagarik Suraksha Sanhita)
- Irregular proceedings (Bharatiya Nagarik Suraksha Sanhita)
- Punishments under the BNS, including community service (Bharatiya Nyaya Sanhita)
- Accomplice, approver and corroboration (Bharatiya Sakshya Adhiniyam)
- The President of India (Constitutional Law II)