If a person is found guilty and is facing a rigorous punishment under the Code of Criminal Procedure (CrPC)(now BNSS) in India, there are several legal remedies available to reduce the punishment:
1. Appeal Against Conviction (Sections 372-394 CrPC) now in ( section 413-435 BNSS)
The convicted person can file an appeal before a higher court (Sessions Court, High Court, or Supreme Court) depending on the level of the trial court.
The appellate court can reduce the sentence based on the facts and circumstances.
2. Review or Revision (Section 397 & 401 CrPC) now in ( section 438-442 BNSS)
A revision petition can be filed in the High Court or Sessions Court to correct any error of law or if the sentence is considered too harsh.
3. Plea for Lesser Sentence (Section 235(2) CrPC) now in ( section 258(2) BNSS)
Before sentencing, the accused can request the judge to consider mitigating circumstances like age, health, or first-time offense to reduce the punishment.
4. Plea Bargaining (Sections 265A-265L CrPC) now in ( section 289-300 BNSS)
If the offense is not serious (punishable with imprisonment up to 7 years), the accused can plead guilty in exchange for a lesser sentence.
5. Commutation of Sentence (Section 433 CrPC)now in ( section 474 BNSS)
The government has the power to reduce the severity of punishment, such as converting rigorous imprisonment to simple imprisonment.
6. Suspension or Remission of Sentence (Section 432 CrPC) now in ( section473 BNSS)
The appropriate government may reduce or suspend the sentence based on good conduct, health issues, or humanitarian grounds.
7. Mercy Petition (Article 72 & 161 of the Constitution)
The convicted person can file a mercy petition before the President of India (Article 72) or Governor (Article 161) for pardon or sentence reduction.
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