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With reference to the pardoning power of the President, which of the following statements is/are correct?
1. Pardon means removing both the sentence and the conviction and completely absolving the convict from all sentences, punishments and disqualifications.
2. Respite implies reducing the period of sentence without changing its character.
3. Reprieve implies a stay of the execution of a sentence (especially that of death) for a temporary period.
Which of the statements given above is/are correct?
1 and 2 only
1 and 3 only
3 only
1, 2 and 3
The pardoning power of the President is independent of the Judiciary; it is an executive power. But, the President while exercising this power, does not sit as a court of appeal. The object of conferring this power on the President is two-fold: (a) to keep the door open for correcting any judicial errors in the operation of law; and, (b) to afford relief from a sentence, which the President regards as unduly harsh. Statements 1 and 3 are correct: Pardon removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications. Reprieve It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President. Statement 2 is not correct: Respite denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. Remission implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
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