CrPC Section 432 — Power to suspend or remit sentences

CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

General

Summary

Sub-section (1) allows the appropriate Government to suspend the execution of a sentence or remit all or part of the punishment. It may do so at any time, either without conditions or on conditions accepted by the person sentenced.

Sub-section (2) allows the appropriate Government, when an application is made for suspension or remission, to ask the presiding Judge of the Court that convicted the person or confirmed the conviction for an opinion on whether the application should be granted or refused, with reasons. The Government may also ask the Judge to send a certified copy of the trial record, or of any part of that record that exists.

Sub-section (3) allows the appropriate Government to cancel a suspension or remission if, in its opinion, a condition has not been fulfilled. The person may then be arrested without a warrant by any police officer and remanded to undergo the unexpired part of the sentence, if the person is at large.

Sub-section (4) says that a condition for suspension or remission may be one the person must fulfil, or one that is independent of the person’s will.

Sub-section (5) allows the appropriate Government to issue general rules or special orders about suspension of sentences and about the conditions for presenting and dealing with petitions. The proviso says that, for a sentence other than a fine imposed on a male person above eighteen years of age, a petition by the person or someone on their behalf cannot be entertained unless the person is in jail: (a) if the person sentenced makes the petition, it must be presented through the officer in charge of the jail; (b) if someone else makes it, the petition must declare that the person sentenced is in jail.

Sub-section (6) applies the provisions of the preceding sub-sections also to an order of a Criminal Court under this Code or another law if the order restricts a person’s liberty or imposes a liability on the person or the person’s property.

Sub-section (7) defines “appropriate Government” for this section and section 433: (a) where the sentence is for an offence against a law relating to a matter within the Union’s executive power, or the order described in sub-section (6) is made under such a law, it means the Central Government; (b) in other cases, it means the Government of the State where the offender is sentenced or the order is made.

Official Text

(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.

Sections referred to

Referred to by

Related Judgments

  • RAJO @ RAJWA @ RAJENDRA MANDAL vs THE STATE OF BIHAR & ORS — Supreme Court of India (2023)
  • Sadashiv Seena Salian; (Through jail) vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2012)
  • MAKTOOL SINGH vs STATE OF PUNJAB — Supreme Court of India (1999)
  • RAM CHANDER vs THE STATE OF CHHATTISGARH & ANR — Supreme Court of India (2022)
  • Nanu @ Nana Kavaji Paseria & others vs The Administration of Union Territory of, Dadra and Nagar Haveli, Silv — Bombay High Court (Mumbai Principal Seat) (2004)
  • SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRA vs STATE OF KARNATAKA — Supreme Court of India (2008)

Old <-> New Code Mapping

  • BNSS §473 — Power to suspend or remit sentences