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Capital Punishment: o The Constitution of India does not explicitly declare capital punishment as unconstitutional. Hence, statement 1 is correct. o However, the Supreme Court, as outlined in Bachan Singh vs. State of Punjab (1980)identified 5 categories for such cases, including brutal murder, depraved motives, and crimes of significant magnitude where capital punishment is awarded. Mercy Petition: o A Mercy Petition is a formal request made by someone who has been sentenced to death or imprisonment seeking mercy from the President or the Governor, as the case may be. o As per the Constitutional framework in India, a mercy petition to the President is the last constitutional resort a convict can take when a court of law sentences him. • A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India. Hence, statement 2 is incorrect. o Similarly, the power to grant pardon is conferred upon the Governors of States under Article 161 of the Constitution of India. Hence, statement 3 is correct.
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