Definition
Complete forgiveness.
Absolute pardon by President or Governor.
Statutory Definition
Article 72 and 161 Constitution.
Etymology & Origin
From Old French 'pardoner' (to grant forgiveness) and Latin 'perdonare'. In law, an act of grace from a governing power mitigating the punishment the law demands.
Full Legal Analysis
A Pardon is a sovereign act of grace and clemency that completely absolves a convicted person from all punishments, penalties, and disqualifications associated with their criminal conviction. It effectively wipes the slate clean, as if the individual had never committed the offence.
In India, this power is vested in the highest executive authorities—the President (under Article 72) and the Governors of States (under Article 161). It is an executive power exercised on the aid and advice of the Council of Ministers, not a judicial power, and serves as the ultimate safety valve against miscarriages of justice or overly harsh statutory penalties.
While the President can pardon a death sentence, the Governor's pardoning power under Article 161 does not extend to death sentences (though they can commute or remit them) or to Court Martial verdicts.
The Supreme Court held that while the pardoning power is broad, it is not absolute. It is subject to limited judicial review if the decision was arbitrary, mala fide, based on extraneous considerations, or passed without application of mind.
For advocates representing death row inmates, filing a petition for pardon is the final remedy after exhausting all judicial avenues, including curative petitions in the Supreme Court.
This Term in Indian Statutes
Constitution of India, 1950
"Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases."
The supreme executive power of clemency at the Union level.
