Polity & Governance Practice Question›› Indian Polity ››
State Powers
››
Remission of Sentences
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Question 1
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With respect to states power of remission, consider the following statements:
1. States have the authority to remit sentences on a suo motu basis.
2. The Bharatiya Nyaya Suraksha Sanhita (BNSS) grants state governments the power to remit sentences.
3. The state's power of remission is coextensive with the governor's power under Article 161.
How many of the statements given above are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Explanation Statement 1 is correct: The Supreme Court in February 2025 directed states to consider the premature release of prisoners,even if they themselves do not apply for remission beforehand. Hence, States have the authority to remit sentences on a suo motu basis.
Statement 2 is correct: Section 473 of the Bharatiya Nyaya Suraksha Sanhita,2023 (BNSSI, and Section 432 of the Code of Criminal Procedure, 1973 (CrPC) grant state governments the power to remit sentences "at any time". However, states may impose various conditions.
Statement 3 is correct:The state's power to remit sentences is coextensive with the Governor's power under Article 161 of the Indian Constitution. Both the Governor (under Article 161) and the State Government (under Section 432 of the CrPC) can remit, suspend, or commute sentences within the state. Coextensive powers in Indian law refer to authorities having overlapping jurisdiction in the same field, but they may operate independently.
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