In Maru Ram v. Union of India (11 November 1980), did the restriction in former CrPC section 433A…

The Constitution Bench distinguished statutory powers under sections 432 and 433 from the constitutional powers under Articles 72 and 161: "No; the constitutional powers remained distinct from the statutory remission and commutation powers." The judgment also required an appropriate governmental release order and explained that the constitutional heads act on governmental advice, so immunity from the statutory restriction did not create automatic release. (CrPC sections 432, 433 and 433A correspond to sections 473, 474 and 475 of the BNSS.)