Judicial Power of President to Grant Clemency

In February 2020, President of India rejected the mercy petition of yet another convict out of the four convicts of the Nirbhaya gang-rape and murder case.

  • Under Article 72 of the Constitution, the President of India has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence:
    1. In all cases where the punishment or sentence is by a court martial;
    2. In all cases where the punishment or sentence is for an offence against a Union law; and
    3. In all cases where the sentence is a sentence of ....
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