Pardon In Criminal Justice System Essay

3.1. Introduction Pardon has traditionally been understood as act of grace, a gift freely given from a God like Monarch to a subject. It is now, more than a mere act of grace proceeding from an individual having the power to exercise it and is a part of the constitutional system. It is also an act of justice, supported by a public policy. It is granted by a head of the State, such as a Monarch or President, or by a competent Church authority. It affects both the punishment prescribed for the offence and the guilt of the offender. Chancellor Kent says that “a power to pardon seems, indeed, indispensable under the most correct administration of the law by human tribunals; since, otherwise, men would sometimes fall a prey to the vindictiveness of accusers, inaccuracy of testimony, and the fallibility of jurors and Courts.” The need and significance of clemency has been a source of debate from decades. In India, Even today the reflections of the past can be seen in the provisions of our Constitution. The Constitution bestowed in the President and the Governor of States with the power to grant pardon, reprieves and

Because, where the sentence of death is not mandatory and the Court is free to consider the circumstances relevant to the question of sentence, the prerogative of mercy is not needed. However, the truth of the matter is that law is made for man. Justice is much more than mere codes and precedents. There are occasions when justice and humanity demanded that mercy be shown in the matter of sentence. The presidential power acts as a safety valve in exceptional cases where the legal system fails to deliver a morally or politically unacceptable result and hence secures public welfare. In addition, pardon has become virtually the only way that a sentence, once final, can be reconsidered and, in appropriate cases,