Under the Indian Constitution, 1950, Article 72 and Article 161 empower the Governor and the President to grant pardon, suspend, remit or commute the sentence. Meanwhile in the Criminal Procedural Code, 1973, there is a whole Chapter XXXII dedicated to the suspension, remission and commutation of sentence. The power to remit, suspend or commutate a sentence is exercised by the head of the state. The executive can show mercy on the convict by way of remission, suspension or commutation etc.
The basic purpose of the suspension, remission, commutation and other forms of showing mercy, is to take into consideration certain aspects of the case which do not arise during the proceedings in the court of law.
Execution of sentence means to impose the sentence on the person whom it is directed. As suspension, remission, commutation deal with altering the sentence or replacing it with some other punishment in some or the other form by either imposing a stay or reducing the sentence or replacing it with some other punishment, execution is actually too different from these concepts.
In execution the sentence carried off into effect as it has been directed by the court without altering the form of sentence.
Provisions regarding execution of Death Sentence, Imprisonment and levy of fine has been given under Section 413-431 of Criminal Procedure Code. Also there are some general provision which applies on all three kinds of sentences and has been enumerated under section 427-431 of criminal Procedure Code.
