Question

The pardoning power given to the president of India under Article 72 can be exercised------?
A) Only after the trial and on the sentence of conviction.
B) During or after trial but never before trial.
C) At any time before, during or after the trial.
D) Either before or after the trial but never during the trial of the case.

Answer 1

Hint: The President of India has been given the pardoning powers under Article 72 of the Indian constitution. Pardon means mercy, clemency, or forgiveness. This pardoning power is granted in order to prevent any injustice, either from unjust and harsh laws or judgement.

Complete answer:
According to Article 72, the president can pardon only after the trial and on the sentence of conviction.In India, the court justified the order of "Pardon" in the case between Kehar Singh and the Union of India. The court acknowledged the tendency of Fallibility in human Judgement. Under this power, the President can use his pardoning powers and reduce the sentence of a convicted person, especially in capital punishment cases. The President can respite, reprieve, or remissions of punishment, or even he can suspend, commute, or remit the sentence of any convicted person bearing any offense. There are mainly five different pardonings mandated by the Law:
1.Pardon means Present can absolve the person of Crime and let him go free and can live like a normal citizen.
2.Commutation means the President can change the punishment given to the convicted person.
3.Reprieve meaning the President can allow the delay in the execution of a sentence, usually in a death sentence.
4.Respite means the President can reduce the degree of punishment to the person of crime taking into consideration some special circumstances, including pregnancy, etc.
5.Remission means the President can reduce the quantum of punishment but without changing its nature for example punishment from 10 years to 5 years.

Hence, the correct answer is option (A).

Note:Pardon can be offered to that person who is either diplomatically or wrongly convicted or to the person who claims that he is wrongfully convicted. The President can grant the pardon by the advice of the Council of Ministers. Under Article 161 Similar powers are also granted to the Governor of each state of India.