CrPC Section 355
CrPC Section 355 – Power to remit punishment
Text of Section 355 (in essence):
This section gives the High Court or any officer authorized by law the power to remit, suspend, or commute sentences passed by a court. Essentially, it allows certain authorities to reduce or forgive a punishment either wholly or partially.
Key Points of CrPC Section 355:
Purpose of the Section:
The purpose is to give executive powers of mercy to the authorities. It helps in:
Correcting excessive punishments.
Giving relief in special circumstances (e.g., illness, age, repentance, or public interest).
Avoiding unjust suffering due to strict enforcement of sentences.
Who Can Exercise This Power?
High Court: Can remit or commute punishments for cases within its jurisdiction.
Government Authorities: Often, the state or central government can also be empowered to remit or suspend sentences.
Officers Authorized by Law: Certain officials may be authorized to deal with specific cases under law.
Kinds of Relief Possible:
Remission: Reducing the sentence partially. For example, if a person is sentenced to 10 years, 2 years may be remitted.
Suspension: Temporarily stopping the enforcement of a sentence. For example, a sentence may not be executed for a period.
Commutation: Converting one kind of punishment into a less severe punishment. For example, death penalty could be commuted to life imprisonment.
Limitations and Safeguards:
The authority exercising this power cannot exceed the limits prescribed by law.
Must act within the legal framework and not arbitrarily.
Usually, the remission or commutation is based on good behavior, age, health, or special circumstances.
Practical Examples:
A person sentenced to 7 years’ imprisonment may have 2 years remitted by the state government if they show genuine reform.
Life imprisonment can be suspended temporarily for health reasons.
In certain cases, death penalty may be commuted to life imprisonment on the advice of the government.
Why Section 355 is Important:
It balances justice with mercy.
Prevents undue harshness in sentencing.
Allows for humanitarian relief without undermining law enforcement.
RELATED Blog
0 comments