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Remission: The Unyielding Power of Presidential Pardon

The accused shall be free to seek appropriate redress from the Government by making a representation for pardon or remission of sentence under Section 432 of the Code of Criminal Procedure, or under Articles 72 or 161 of the Constitution of India.

It is evident that the power of the President of India under Article 72 or the Governor under Article 161, being constitutional powers, cannot be subject to the restrictions imposed by Section 433A of the CrPC. Section 433A of the CrPC can restrict the powers under Sections 432 or 433 of the CrPC, but it cannot limit the constitutional powers under Articles 72 or 161 of the Constitution.

Similarly, no statute of limitation can restrict the constitutional power of the High Court under Article 226 of the Constitution. This is because the Constitution is the supreme law, and statutes are subordinate to it. - Samjuben Gordhanbhai v. State of Gujarat, 2010 AIR SCW 6564

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