Case Law on Inherent Power of Provincial Government to suspend or remit sentence of culprit without consent of injured person or defendant

Case Law on Inherent Power of Provincial Government to suspend or remit sentence of culprit without consent of injured person or defendant

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In this Article I am going to share judgment/case law on Power Inherent Power of Provincial Government to suspend or remit sentence of culprit without consent of injured person or defendant.

Case Law on Inherent Power of Provincial Government to suspend or remit sentence of culprit without consent of injured person or defendant

Power to suspend or remit sentence --- Scope -- Section 401 ( 1 ) , Cr.P.C empowers the Provincial Government to conditionally or unconditionally suspend the execution of a convict's sentence or remit the same in whole or in part at any time --- Section 402 ,Cr.P.C. explains that the Provincial Government is competen Section 402 - A , Cr.P.C. stipulates that , in case of a sentence of to commute any sentence without the convict's consent . death , the President of Pakistan may also exercise such that the Provincial powers --- Section 402 - B , Cr.P.C says President , exercise the powers under Ss . 401 & 402 , Cr PC Government shall not , except with the previous approval of the if the President has already granted pardon , reprieve , respite remission , suspension or commutation of sentence under Art . 45 of the Constitution --- Section 402 - C . Cr.P.C. stipulates that the Provincial Government , the Federal Government or the President shall not , without the consent of the victim or his legal heirs , suspend , remit or commute the sentence passed under any of the sections in Chap . XVI of the P.P.C. Section 402 - D . Cr.P.C. , bars the Provincial Government from granting any relief in rape cases .



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