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Report No. 48

46. Consultation by government with the Court, before exercising powers of pardon etc.-

Under the Constitution and under the Criminal Procedure Code, Government has got a power to grant pardons, to remit or commute sentence and various other powers of a similar nature. The question of requiring consultation with the Court before the exercise of these powers by the Government, has received our attention. We may refer in this connection to the present provision1 authorising such consultation, though not requiring it and to the discussion in the previous Commission's Report2, as to consultation before the grant of a free pardon.

1. (a) Section 401(2), Cr. P.C.

(b) Clause 441(2), Cr. P.C. Bill.

2. 41st Report, Vol. I, para. 284.

47. It is our view that in order to avoid any appearance of arbitrary action, to remove any suspicions of political considerations and otherwise in the interests of justice, such consultation should, by a statutory provision, be made compulsory in the case of all powers exercised under the existing sections1. Of course, these sections do not affect the powers conferred by the Constitution, and the exercise of the constitutional powers cannot be legally regulated by a statutory procedure. But it is in our view desirable that the same practice should be adopted for exercising similar powers even under the Constitution.

1. Clause 441, 442, Cr. P.C. Bill.



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