Constitution of India · Part VI: The States · The Governor
Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
In plain words
The Governor of a State can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute the sentence of anyone convicted of an offence against a law on a matter covered by the State's executive power.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this article
Article 161 gives the Governor of a State the power to grant pardons and remit or commute sentences for offences against laws within the State's executive power. It parallels the President's power under Article 72, and is exercised on the advice of the State Council of Ministers.
Scope
The Governor's power covers offences against State laws and laws on matters to which the State's executive power extends. Unlike the President under Article 72, the Governor has no power over sentences of court martial.
Advice binding
The Supreme Court has held that the advice of the State Cabinet is binding on the Governor in matters of remission and commutation under Article 161. Inexplicable delay by the Governor in acting on the Cabinet's recommendation is open to judicial review.
Relationship with statutory remission
Remission under the Code of Criminal Procedure is a statutory power of the government; Article 161 is a separate constitutional power, and statutory restrictions on remission do not limit it.
Key Supreme Court rulings
A.G. Perarivalan v. State, through Superintendent of Police CBI/SIT/MMDA, Chennai 2022 INSC 588
The advice of the State Cabinet is binding on the Governor in matters of commutation or remission under Article 161; inexplicable delay not attributable to the prisoner is subject to judicial review, and the Court ordered the appellant's release under Article 142.
Maru Ram v. Union of India (1981) 1 SCC 107
The President and Governor act on the aid and advice of the Council of Ministers; the narrow area of the Governor's discretion does not include Article 161.
Common mistakes
- Treating the Governor as having personal discretion under Article 161.
- Confusing statutory remission with the constitutional power.
Read with: Article 72 Constitution, Article 163 Constitution
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the article 161
-
Vasanta Sampat Dupare v. Union of India & Ors.
Writ petition filed u/Art.32 challenging the continuing validity of the sentence of death against the petitioner, having been affirmed on appeal, declined in review, and followed by the rejection of mercy petitions and…
-
Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi) & Others
Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the instant case, is entitled to be released from prison on…
-
Kum. Shubha @ Shubhashankar v. State of Karnataka & Anr.
Whether in the facts and circumstances of the case, the conviction of the appellants by the High Court u/s.302 read with s.120-B, IPC and additionally, s.201, IPC for A-4 alone, is justified.
-
The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
-
IN RE: POLICY STRATEGY FOR GRANT OF BAIL versus
The first issue is whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission. The second issue is about…
-
Om Prakash @ Israel @ Raju @ Raju Das v. Union of India and Another
Issue arose as regards plea of juvenility raised u/s.9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
-
State of Maharashtra & Ors. v. Pradeep Yashwant Kokade & Anr.
Effect of delay in executing the death sentence.
- Vijay Kumar Shukla v. State NCT of Delhi & Anr
- Arshad Ali @ Munna Khan v. State (Gnct of Delhi)
-
Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
-
Bilkis Yakub Rasool v. Union of India & Others
Writ petition filed u/Art. 32 by one of the victims challenging the order of State of Gujarat granting remission and early release of 11 convicts held guilty in Bilkis Bano matter, if maintainable; writ petitions filed…
-
Dr. Premachandran Keezhoth & Anr. v. The
The respondent No. 4 herein was appointed as the Vice-Chancellor of the Kannur University, his tenure was for a period four years. As the tenure of the respondent No. 4 was coming to an end, the Chancellor initiated…
-
Joseph v. The State of Kerala
Whether the writ petition filed by the petitioner seeking appropriate direction to the Sta te Government, to prematurely release him, having been in custody-actual imprisonment for over 26 years, and served a sentence…
-
Rajo @ Rajwa @ Rajendra Mandal v. The State
Petitioner serving a sentence of life imprisonment for commission of offences punishable u/ss.302/34 of the IPC, 1860 and s.27 of the Arms Act, 1959 sought direction for his premature release on the ground that he has…
- Balwant Singh v. Union of India & Ors.
- Ravinder Singh v. The State Govt. of NCT of Delhi
- Rajkumar v. The State of Uttar Pradesh
- B. A. Umesh v. Union of India & Ors.
- In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences v. In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences
- Rashidul Jafar @ Chota v. State of Uttar Pradesh & Anr
- Abu Salem Abdul Kayyum Ansari v. The State of Maharashtra
- Manoj Pratap Singh v. The State of Rajasthan
- Manoj & Ors v. State of Madhya Pradesh
- A.G. Perarivalan v. State, Through Superintendent of Police Cbi/Sit/ Mmda, Chennai, Tamil Nadu and Anr.
- Ram Chander v. The State of Chhattisgarh & Anr.
- Pappu v. The State of Uttar Pradesh
- Mata Prasad v. The State of U.P. & Anr.
- Irappa Siddappa Murgannavar v. State of Karnataka
- The State of Haryana & Ors v. Raj Kumar @ Bittu
- Shatrughna Baban Meshram v. State of Maharashtra
- Satish @ Sabbe v. The State of Uttar Pradesh
- Pyare Lal v. State of Haryana
- Vinay Sharma v. Union of India and Others
- Mukesh Kumar v. Union of India and Others
- Indu Bai & Ors. v. State of Telangana & Ors.
- G H Manjit Singh v. The State of Punjab
- Manoharan v. State by Inspector of Police, Variety Hall Police Station, Coimbatore
- Justice K. S. Puttaswamy (Retd.) v. Union of India & Ors.
- Vikas Yadav v. State of U.P. and Ors. Etc. Etc.
- State of U.P. and Ors. v. Z.U. Ansari
- Muthuramalingam & Ors. v. State Rep. by Insp. of Police
- Nabam Rebia, and Bamang Felix v. Deputy Speaker and Others
- State of Gujarat & Anr. v. Lal Singh @ Manjit Singh & Ors.
- Tara Sfngh & Ors. v. Union of India & Ors.
- Union of India v. V. Sriharan @ Murugan & Ors.
- Yakub Abdul Razak Memon v. State of Maharashtra, Thr. the Secretary, Home Department and Others
- Shabnam v. Union of India & Ors
- Ajay Kumar Pal v. Union of India and Another
- Union of India v. V. Sriharan @ Murugan & Ors.
- V. Sriharan @ Murugan v. Union of India & Ors.
- Shatrughan Chauhan & Anr. v. Union of India & Ors.
- State of Rajasthan v. Jamil Khan
- Gurvail Singh @ Gala v. State of Punjab
- Krishnan & Ors. v. State of Haryana & Ors.
- Bhaikon @ Bakul Borah v. State of Assam
- Mahendra Nath Das v. Union of India and Others
- Shankar Kisanrao Khade v. State of Maharashtra
- Devender Pal Singh Bhullar v. State of N.C.T. of Delhi
- Yakub Abdul Razak Memon v. The State of Maharashtra, Through Cbi, Bombay
- Life Convict Bengal @ Khoka @ Prasanta Sen v. B.K. Srivastava & Ors.
- Mohinder Singh v. State of Punjab
- State of Gujarat & Anr. v. Honble Mr. Justice R. A. Mehta (Retd) & Ors.
- Sangeet & Anr. v. State of Haryana
- State of U.P. v. Sanjay Kumar
- D. Ethiraj v. Secretary to Govt. & Ors.
- Narayan Dutt and Ors. v. State of Punjab and Anr.
- Rameshbhai Chandubhai Rathod v. The State of Gujarat
- Remdeo Chauhan @ Rajnath Chauhan v. Bani Kant Das and Ors.
- Mahamudul Hassan v. Union of India & Others
- Samjuben Gordhanbhai Koli v. State of Gujarat
- State of Haryana and Ors. v. Jagdish
- Mulla & Anr. v. State of U.P.
- Ramraj @ Nanhoo @ Bihnu v. State of Chhatiisgarh
- Jag Dish v. State of M.P.
- Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra
- Gurnunath Donkappa Keri and Ors. v. State of Karnataka
- State of Haryana v. Bhup Singh & Ors.
- Kashiben Chhaganbhai Koli v. State of Gujarat
- Dharam Chand v. State of Punjab & Ors.
- State of Haryana v. Mahender Singh and Ors.
- C.A. Pious v. The State of Kerala and Anr.
- Epuru Sudhakar and Anr. v. Govt. of A.P. and Ors.
- Govt. of A.P. and Ors. v. M.T. Khan
- State (Govt. of NCT of Delhi) v. Prem Raj
- Sanaboina Satyanarayana v. Government of Andhra Pradesh and Ors.
- Hindustan Times and Ors. v. State of Up. and Anr.
- Devender Pal Singh v. State N.C.T. of Delhi and Anr.
- Ramdeo Chauhan@ Raj Nath v. State of Assam
- Dadu @ Tulsidas v. State of Maharashtra
- Life Convict Laxman Naskar v. State of West Bengal and Anr.
- Satpal and Anr. v. State of Haryana and Ors.
- Laxman Naskar Etc. Etc. v. Union of India and Ors.
- State of Haryana and Ors. v. Mohinder Singh
- State of Haryana and Ors. v. Balwan Etc.
- Maktool Singh v. State of Punjab
- Swaran Singh v. State of U.P. and Ors.
- Hikmat Ali Khan v. Ishwar Prasad Arya and Ors.
- Ashok Kumar Alias Golu v. Union of India and Ors.
- State of Haryana and Anr v. Ram Diya
- State of Punjab and Ors. Etc. Etc. v. Joginder Singh and Ors. Etc. Etc.