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Report No. 262

Chapter VI

Clemency Powers and Due Process Issues Pertaining to the Execution of Death Sentence

A. Introduction

6.1 The Supreme Court in Shankar Kisanrao Khade v. State of Maharashtra, (2013) 5 SCC 546, at paras 147-150 ('Khade') also referred the administration of clemency powers by the executive under Articles 72 and 161 of the Constitution of India in death cases to the Commission for its consideration.

This chapter delineates the nature, purpose and scope of the power of the executive to commute a death sentence. This chapter also analyses the application of the mercy jurisdiction in individual cases besides examining decisions of courts where the outcome of the exercise of these powers has been challenged in writ proceedings.

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