What is Power to suspend or remit sentences? What is Power to commute sentence? Section 432 and 433 of Code of Criminal Procedure 1973

Power to suspend or remit sentences and Power to commute sentence are defined under Section 432 and 433 of CRPC 1973. Provisions under these sections are:

Section 432 of CRPC "Power to suspend or remit sentences"

(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may, cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:

Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and --

(a) where such petition is made by the person sentenced, it is presented through the officer in charge of

the jail; or

(b) where such petition is made by any other person, it contains a declaration that the person sentenced is

in jail.

(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property.

(7) In this section and in Section 433, the expression "appropriate Government" means,--

(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is

passed under, any law relating to a matter to which the executive power of the Union extends, the Central

Government;

(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.

Section 433 of CRPC "Power to commute sentence"

The appropriate Government may, without the consent of the person sentenced, commute --

(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);

(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;

(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine;

(d) a sentence of simple imprisonment, or fine.

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

What is Execution of order passed under Section 368? What is Execution of sentence of death passed by High Court? What is Postponement of execution of sentence of death in case of appeal to Supreme Court? What is Postponement of capital sentence on pregnant woman?. Section 413, 414, 415 and 416 of Code of Criminal Procedure 1973

What is Power to appoint place of imprisonment? What is Execution of sentence of imprisonment? What is Direction of warrant for execution? Warrant with whom to be lodged? Section 417, 418, 419 and 420 of Code of Criminal Procedure 1973

Levy of fine

What is Warrant for levy of fine? What is the Effect of such warrant? Section 421 and 422 of Code of Criminal Procedure 1973

What is Warrant for levy of fine issued by a Court in any territory to which this Code does not extend? What is Suspension of execution of sentence of imprisonment? Section 423 and 424 of Code of Criminal Procedure 1973

General provisions regarding execution

Who may issue warrant? What is Sentence on escaped convict when to take effect? What is Sentence on offender already sentenced for another offence? Section 425, 426 and 427 of Code of Criminal Procedure 1973

Period of detention undergone by the accuser to be set off against the sentence of imprisonment, What is Saving? What is Return of warrant on execution of sentence? What is Money ordered to be paid recoverable as a fine? Section 428, 429, 430 and 431 of Code of Criminal Procedure 1973

Suspension, remission and commutation of sentences

What is Power to suspend or remit sentences? What is Power to commute sentence? Section 432 and 433 of Code of Criminal Procedure 1973

What is Restriction on powers of remission or commutation in certain cases? What is Concurrent power of Central Government in case of death sentences? What is the meaning of State Government to act after consultation with Central Government in certain cases? Section 433a, 434 and 435 of Code of Criminal Procedure 1973

 

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