With reference to Pardoning power of president, Consider the following statements:1. Respite means delay allowed in the execution of a sentence especially that for a death sentence for a temporary period.2.Remission means reducing the quantum or degree of punishment of the convicted person considering special circumstances.Which of the statements given above is/are correct?

Q. With reference to Pardoning power of president, Consider the following statements:
1. Respite means delay allowed in the execution of a sentence especially that for a death sentence for a temporary period.
2.Remission means reducing the quantum or degree of punishment of the convicted person considering special circumstances.
Which of the statements given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: D

Notes:

A reprieve means a delay allowed in the execution of a sentence especially that for a death sentence for a temporary period. The purpose of it enables the guilty person to seek presidential pardon or any other legal remedy to prove himself innocent.

Respite which means reducing the quantum or degree of punishment of the convicted person considering special circumstances such as in the case of pregnancy, the death penalty may be commuted to imprisonment for life.

Remission means changing the quantum of the punishment without changing its nature. Section 432 of the Code of Criminal Procedure, 1973 provides the power to suspend or remit sentences of punishment by the appropriate government. It states that the appropriate government with or without conditions may at any time accept, suspend or remit the punishment for an offence wholly or any part of the punishment.

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