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ANSWER WRITING PRACTICE (GS-2) OCTOBER- PART 1 With Ashish Malik
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WHAT ARE THE DIFFERENT CLEME NCY PROVISIONS AVAILABLE IN IN DIA. DISCUSS. ALSO DISCUSS WH AT PRECAUTIONS SHOULD BE TAK OF GRANTING CLEMENCY TO CON VICTS.(250 WORDS
BEFORE WE WRITE o Why this question- The Rajiv Gandhi assassination o Directive word- (Discuss)- We also have to discuss case has again been in news. about the related and important aspects of the question in order to bring out a complete picture of the issue in hand o Key demand of the question- The question wants us to write in detail about the different clemency provisions available in India. It also wants us to discuss what precautions should be taken in deciding the questions of granting clemency to convicts.
DIFFERENT CLEMENCY PROVISIONS o Article 72 says that the President shall have 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 Pardon -A pardon completely absolves the offender from all sentences and punishment and disquali cations and places him in the same position as if he had never committed the offence. * Commutation- Commutation means exchange of one thing for another. In simple words to replace the punishment with less severe punishment. For example for Rigorous imprisonment-simple imprisonment.
rieve- Reprieve meanste ror example- suspension of death sentence. For example- pending a proceeding for pardon or commutation Respite - Respite means awarding a lesser punishment on some special grounds. For example- the Pregnancy of women offender. Remissions - Remission means the reduction of the amount of sentence without changing its character, for example, a sentence of 1 year may be remitted to 6 months. In other words, it reduces the period of sentence, but the character of punishment remains same
O The President shall have the power to grant pardons, reprieves, respites or remission of punishment or to suspend remit or commute the sentence of any persons convicted of an offence:-(a) in all cases where the punishment or sentence is by a court martial (b) in all cases Where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends o (c) in all cases where the sentence is a sentence of death