This article is written by – Khushi Chamaria, GIBS, IP University
Article 161 mentions the pardon power of the governor. When a convict has committed an offense against state law, the concerned punishment can be granted the pardon, reprieve, respite, and remission by the Governor of the state whereas;
Section 433 of the code of criminal procedure, 1993 states that the Government may, without the consent of the person sentenced, commute in case of sentence of imprisonment for life, not exceeding fourteen years.
Recently, The Hon’ble Supreme Court observed that Article 161 of the Constitution to pardon will override the restriction imposed under Section 433-A of the Criminal Procedure Code. The court stated that a prisoner shall undergo 14 years of imprisonment without remission in case of an offense that contains a death sentence. However, the power of the governor to pardon is independent of any other restriction or limitation.
Later, The court decided that the state government can consider the prisoner in question for premature release after undergoing imprisonment for less than 14 years only under Article 161 of the constitution.