WHAT IS COMMUTATION OF DEATH SENTENCE AND LIFE IMPRISONMENT?

This Article is written by KOTIREDDY RANI & this article discuss the concept of WHAT IS COMMUTATION OF DEATH SENTENCE AND LIFE IMPRISONMENT? .

What is the commutation of Sentence?
What is mean by death sentence?
What is mean by Life Imprisonment?
Commutation of Death Sentence
Commutation of sentence of Imprisonment for Life
How is life imprisonment related to death sentence
What is meant by Appropriate Government?
Who has the power to commute a sentence?
Difference between powers of Governor and president
What is Section 433A?
What are the offences punished to death and life imprisonment?
Under which factors commutation of a sentence is available?
Who is excluded from the death sentence?
How many countries abolished death sentence?
How many cases were commuted during 2022?
Conclusion
References

What is the commutation of Sentence?

Commutation means reducing or substituting. The Commutation of the sentence means a reduction of the sentence. It means substituting with less severe punishment by changing its nature but not completely absolving the sentence.

Example: Reducing Death Sentence to Imprisonment of Life.

Rigorous imprisonment to simple imprisonment.
Simple imprisonment to fine.

In the commutation of sentence nature of the sentence also changes.

What is mean by death sentence?

It is also known as capital punishment. It is the punishment given by judge for the offender who has committed the heinous crime. It is awarded only in the rarest of the rare cases. [Bachan Singh Vs State of Punjab]

What is mean by Life Imprisonment?

Life imprisonment is a sentence which offender be in prison until his natural life ends. The person can be out of prison only if he/she pardoned, commuted to certain term of imprisonment. Life imprisonment should not be less than 14 years. In Naib Singh vs state of Punjab, Imprisonment for life has been instead of “Removal”.

In life imprisonment the offender has chance to change themselves. They have chance to meet families, go to schools and they can learn what is good and what is bad. If they change, they have chance to ask pardon from appropriate Government. Under Section 57, by calculating fraction of punishment, the life imprisonment which is equivalent 20 years.

Commutation of Death Sentence: According to Section 54 of the Indian Penal Code, 1860, in every case, in which a death sentence is passed, the appropriate government may commute to other punishment without the consent of the offender.

Commutation of sentence of Imprisonment for Life: According to Section 55 of the Indian Penal Code, 1860, in every case, in which a sentence of Life Imprisonment is passed, the appropriate government may commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

How is life imprisonment related to death sentence?

Life imprisonment is the rule but death penalty is the exception. If life imprisonment is an inappropriate punishment, then death penalty is awarded. Most of the death penalty cases commuted to life imprisonment.

According to New Criminal Law [ Bhartiya Nyaya Sanhitha, 2023] Section 5 deals with the Commutation of Sentences.

What is meant by Appropriate Government?

Here “Appropriate Government” is defined under Section 55A –

Appropriate Government means

i. In cases where the sentence is a death sentence or is

For an offence against any law relating to a matter to which executive power of the union court extends i.e. Central Government.

Here includes Martial Courts

ii. In cases where the sentence [whether of death or not]

Is for an offence against any law relating to a matter to which the executive power of the state extends i.e. The State Government to which the offender belongs.

Who has the power to commute a sentence?

Article 72 of the Indian Constitution: Power of the president to grant pardons, ETC., and to suspend, remit or commute sentences in certain cases.

Article 161 of the Indian Constitution: Power of the Governor to grant pardons, ETC., and to suspend, remit or commute sentences in certain cases.

Difference between powers of Governor and president

The power of president extends to give pardon up to Court Martial but under 161 the Governor does not have power to pardon.

The president has power to grant pardon even death sentences but Governor does not have the power to pardon in death cases.

What is Section 433A?

A person sentenced with life imprisonment that may carry to death sentence or death sentence may commute to life imprisonment. Whatever, the person is not eligible for release from jail unless they have completed a minimum of 14 years of imprisonment. The offender should be punished at least fourteen years in jail. It is the restriction to remission and commutation.

In The State of Haryana Vs. Raj Kumar@ Bittu on 3rd August, 2021

It was held that the power under articles 72 and 161 of the Constitution can be exercised by the state and central Governments, not by the governor and president alone. The Governor and president need to follow the advice of the council of ministers. The president and Governor alone cannot the decision to remit, commute or suspend the sentence.

Section 433 A has an overriding effect but it does not have power on constitutional power which are conferred by the president and Governor under Articles 72 and 161. The Supreme Court said that the governor has the power to commute sentences even if he/she doesn’t complete 14 years of imprisonment.

What are the offences punished to death and life imprisonment?

Under the Indian Penal Code, of 1860, eleven offences are punishable by death. Punishment of death is the very serious nature of punishment. It is awarded only under exceptional cases which are the rarest of the rare cases. Death sentences are abolished in some countries but in, India it is applicable under exceptional cases.

The offences which are punishable by death under Indian Penal Code,1860 are:

If any person wages war or attempts to wage war or abets to wage war, that person is punishable under section 121 to death or imprisonment for life and shall be liable to fine also.

If any person who is an officer, soldier, Airman, Airforce or Navy, Army of Government of India abets to commit mutiny is punishable under section 132 to death or with imprisonment of life or imprisonment which may extend term up to 10 years.

If any person fabricates or gives false evidence, due to this any innocent person is punished with capital punishment by law as time being in force. Then the person who had fabricated or given false evidence is punishable under section 194 to death or imprisonment for life or Rigorous imprisonment which may extend up to 10 years.

If any person commits murder, then the person is punishable under Section 302 with death or imprisonment for life.
Murder which is not culpable homicide

If any person abets a child, any insane person, intoxicated person or stupid to commit suicide then that person who abetted is punishable under section 305 to death or imprisonment for life or not exceeding the term of 10 years and shall also be liable to fine.

If five or more people, while committing dacoity commit murder then all the people who had done or committed dacoity are punishable under section 396 to death or rigorous imprisonment up to 10 years and also liable to fine.

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Whoever kidnaps or abducts a person and detains that person to threaten death or cause hurt or created any apprehension that person death or hurt to compel any Government or foreign state or to any person to pay ransom is punishable under section 364A to death or imprisonment to life and shall also be liable to fine.

Under which factors commutation of a sentence is available?

Considering the offender’s mental age, state, health conditions, nature of crime and circumstances of crime and any change or reform in the behaviour of the offender the appropriate Government may commute the sentence.

Who is excluded from the death sentence?

• If the person is below 18 years (Minor) at the time of committing of crime.

• Pregnant women’s death sentence will be postponed. If the high court thinks it is fit to commute then it can commute death sentence to life imprisonment under section 416.

• Mental illness. The person who committed the offence does not know the nature of crime and he is not in a stable condition while committing the crime. The death sentence may commute to life imprisonment.

How many countries abolished death sentence?

According to Amnesty international’s latest report, 84 countries abolished death sentence as far now and 12 countries abolished but not completely. There are exceptional crimes as wartimes.

Still 79 countries still in practice of death penalty according to united nations high commissioner for human rights.

How many cases were commuted during 2022?

In 2022, 67 cases were decided by the High courts which are in total 101 prisoners. Out of them 43 were acquitted from all charges. Three prisoners were confirmed their death sentence. 48 members were commuted from death sentence to life imprisonment.

In Supreme court 11 cases were decided in total 15 prisoners. Two were confirmed the death sentence. Five were acquitted from all charges. 8 death sentences were commuted to life imprisonment.

Conclusion

Death sentence and life imprisonment are under types of punishments. These are the punishment awarded by court to offenders who are committed heinous crimes such as waging war, Dacoity, Murder, Ransom of kidnap etc. The Commutation of the sentence means a reduction of the sentence. It means substituting with less severe punishment by changing its nature but not completely absolving the sentence. These sentences can be commuted by the President and Governor under Articles 72 and 161. President has power to pardon the offender in the cases of death penalty. Death penalty is excluded for the Minor, pregnant women and mentally retarded person. The life imprisonment may be commuted but it should not be less than 14 years under section 55 of the Indian Penal Code. In life imprisonment the offender has chance to change himself and can ask for pardon to Governor or president. The Governor or president can commute sentence by taking advice of council of ministers. The president and Governor alone cannot the decision to remit, commute or suspend the sentence. Most of the death sentence were commuted to life imprisonment.