Which of the following statements is/are correct with reference to the Pardon Power of Governor?
A. The power of Governor under Article 161 of the Constitution to commute sentence or to pardon will override the restrictions imposed under Section 433-A of the Criminal Procedure Code.
B. Section 433A of the Code cannot and does not in any way affect the constitutional power conferred on the President/Governor to grant pardon under Articles 72 or 161 of the Constitution.
C. Both A & B
D. None of these
Explanation:
The power of Governor under Article 161 of the Constitution to commute sentence or to pardon will override the restrictions imposed under Section 433-A of the Criminal Procedure Code. In fact, the Governor’s power to pardon overrides a provision in the Code of Criminal Procedure — Section 433A — which mandates that a prisoner’s sentence can be remitted only after 14 years of jail.