Article 72 Constitution of India: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Category of Bare Act Name of the Act Year of Promulgation
Civil Laws The CONSTITUTION OF INDIA 1975
Act Number Enactment Date Chapter Number
36 1975-04-26 5
Chapter Title Ministry Department
The Union Ministry of Law And Justice Department of Personnel and Administrative Reforms

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence-

(a) In all cases where the punishment or sentence is by a Court Martial;

(b) In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) In all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor 1[***] of a State under any law for the time being in force.

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1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.