A Closer Look at Section 433A

The Impact of Section 433A

According to the Supreme Court , a state governor has the authority to pardon prisoners even if they haven't served the minimum sentence of 14 years in prison. This pardoning power takes precedence over Section 433A, which typically requires that a prisoner's sentence can only be reduced after they've served 14 years in jail.

As per Section 433A of the CrPC, a person serving a life sentence for an offence that also carries the death penalty, or where a death sentence has been commuted to life imprisonment, the person isn't eligible for release from jail unless they've completed a minimum of fourteen years of imprisonment. However, this provision can be overruled by Section 433A.

It's important to note that the provisions of Section 433A don't affect the constitutional power vested in the Governor or the President to grant pardons under the provisions of Article 72 or Article 161 of the Indian Constitution .

The Powers of the State Government

The power to pardon a prisoner, as per Article 161 of the Constitution, is exercised by the State Government and not the Governor. However, the head of the state is obligated to follow the advice given to them by the appropriate government.

The Governor's Pardoning Powers

The Governor has the authority to grant pardons under Article 161 of the Constitution. This means that the Governor of a State can grant a pardon, reprieve, remit, respite, suspend, or commute the sentence of a person convicted of an offence relating to a matter that falls within the executive power of the State.

The Difference Between the Pardoning Powers of the President and the Governor

Both the President and the Governor have the ability to grant pardons, under Article 72 and Article 161 of the Constitution, respectively. However, the scope of the President's pardoning powers is broader than that of the Governor, leading to two main differences.

Court Martial

The President has the ability to grant pardons in cases where the punishment or sentence has been decided by a Court Martial. The Governor, on the other hand, does not have this power under Article 161 of the Constitution.

Death Sentence

The President can grant pardons in all cases where a death sentence has been passed, but the Governor's power to pardon does not extend to cases of death sentences.

As a student, it's important to understand various terms such as pardon, reprieve, respite, remission, and commutation. These terms can be asked in the UPSC entrance exam in relation to the provisions of Section 433A.

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