Power to commute sentence
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Summary
The appropriate Government can commute a sentence without the sentenced person's consent. Death may be reduced to any other punishment under the Indian Penal Code; life imprisonment may be reduced to imprisonment not exceeding fourteen years or to a fine; rigorous imprisonment may be changed to simple imprisonment or to a fine; simple imprisonment may be commuted to a fine.
Example
Sneha is sentenced to simple imprisonment for a minor offence. The appropriate Government, without Sneha's consent, commutes her simple imprisonment to a fine. Sneha will pay the fine instead of going to jail.
Bare Act
Enacted textThe appropriate Government may, without the consent of the person sentenced commute
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(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);
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(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
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(c) a sentence of rigorous imprisonment for simple imprisonment for any term to which that person might have been sentenced, or for fine;
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(d) a sentence of simple imprisonment, for fine.
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