Constitution · India · PART VI · CHAPTER II — The Executive

Article 161 Constitution Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

The Constitution of India · Edition: Supplied Law Library page: pocket edition attributed to Legislative Department, as on 10 September 2026; imported 6 November 2026

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Comments

Criminal LawHaryana’s 2002 policy for release of life convicts, like the 1993 one, was made under the Governor’s power in Article 161; a later statutory policy under Sections 432-433 CrPC, such as the 2008 policy, cannot dilute its benefits. — Parveen Kumar @ Parveen Chauhan v. State of Haryana, 2026 INSC 667.

Criminal LawThe Governor’s power under Article 161 flows from the Constitution, is wider than statutory remission under Sections 473-474 BNSS, and survives them. With 22 years passed and the crime rooted in being forced into marriage, the appellants were allowed to seek pardon, reform being a legitimate aim of punishment. — Kum. Shubha @ Shubhashankar v. State of Karnataka, 2025 INSC 830.

Criminal LawA convict who had spent about 11 years, nearly half his life, in prison was given liberty to seek remission from the State. The Court noted that crime often stems from social, economic and personal circumstances. — Anees v. State Govt. of NCT of Delhi, AIR 2024 SC 2297.

Criminal LawA remission order is reviewable for non-application of mind, mala fides, irrelevant considerations, ignoring relevant material or arbitrariness. The Gujarat Government’s remission of the convicts was quashed since Maharashtra was the appropriate Government, and they were ordered back to prison. — Bilkis Yakub Rasool v. Union of India, AIR 2024 SC 289.

Criminal LawThe Governor must act on the State Cabinet’s advice on remission and commutation. Failure to act is open to judicial review, and unexplained delay is inexcusable where liberty is at stake and the Cabinet has already decided on release. The Court ordered Perarivalan’s release under Article 142. — A.G. Perarivalan v. State, AIR 2022 SC 2608.

Criminal LawIn remitting the sentence of a murder convict, the Governor must act on the Council of Ministers’ advice. — R.P. Ravichandran v. State of Tamil Nadu, Supreme Court, 2022.

Source document ↗

Judgments on Article 161

OCT 20163MON

LOK 2016 (10) SC 32 · Supreme Court of India

Vikas Yadav v. State Of U. P. And Ors…

Subject–

Judges–

ActsNarcotic Drugs and Psychotropic Substances Act, 1985, The Constitution of India, Representation of the People Act, 1951, 21, 32, 142 and 161, Constitution of India

DEC 20152WED

LOK 2015 (12) SC 22 · Supreme Court of India

Union of India v. V. Sriharan @ Murugan

Subject–

JudgesJustice Abhay Manohar Sapre, Justice H.L. Dattu, Justice Fakkir Mohamed Ibrahim Kalifulla, Justice Pinaki Chandra Ghose, Justice Uday Umesh Lalit

ActsBharatiya Nyaya Sanhita, 2023, The Constitution of India, 307 and 326, Indian Penal Code, 1860, Indian Explosive Substances Act 1908, Draft Constitution, Delhi Special Police Establishment Act 1946

MAY 201527WED

LOK 2015 (5) SC 272 · Supreme Court of India

Shabnam v. Union of India (Uoi) And Ors.

Subject–

JudgesJustice A.K. Sikri, Justice Uday Umesh Lalit

ActsThe Constitution of India, 136, 137 and 161, Constitution of India

JAN 201421TUE

LOK 2014 (1) SC 213 · Supreme Court of India

Shatrughan Chauhan v. Union of India

Subject–

JudgesJustice P. Sathasivam, Justice Ranjan Gogoi, Justice Shiva Kirti Singh

ActsThe Constitution of India, Japanese Constitution, 32, 72, 74(1) and 161, Constitution of India

MAY 20137TUE

LOK 2013 (5) SC 79 · Supreme Court of India

Krishnan v. State Of Haryana

Subject–

JudgesJustice Fakkir Mohamed Ibrahim Kalifulla

ActsThe Constitution of India

MAY 20131WED

LOK 2013 (5) SC 17 · Supreme Court of India

Mahendra Nath Das v. Union Of India

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JudgesJustice G.S. Singhvi, Justice Sudhansu Jyoti Mukhopadhaya

ActsThe Constitution of India, 136, 142, 161 and 257(1), Constitution of India

APR 201325THU

LOK 2013 (4) SC 252 · Supreme Court of India

Shankar Kisanrao Khade v. State Of Maharashtra

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Judges–

ActsBharatiya Nyaya Sanhita, 2023, The Constitution of India, Indian Penal Code, 1860, 142 and 161, Constitution of India

APR 201312FRI

LOK 2013 (4) SC 124 · Supreme Court of India

Devender Pal Singh Bhullar v. State of N.C.T. of Delhi

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JudgesJustice G.S. Singhvi, Justice Sudhansu Jyoti Mukhopadhaya

ActsPrevention of Corruption Act, 1988, The Constitution of India, Passports Act, 1967, Extradition Act, 1962, Government of India Act, 1935, 21, 32, 72, 74(1) and 161, Constitution of India

FEB 201313WED

LOK 2013 (2) SC 139 · Supreme Court of India