CrPC Section 433A — Restriction on powers of remission or commutation in certain cases

Summary

This provision applies despite anything in section 432. A person in either of the following situations cannot be released from prison until they have served at least fourteen years: a person sentenced to life imprisonment for an offence for which the law provides death as one of the punishments; or a person whose death sentence has been commuted under section 433 to life imprisonment.

Official Text

Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.]

Sections referred to

• CrPC §432 — Power to suspend or remit sentences
• CrPC §433 — Power to commute sentence

Referred to by

• CrPC §428 — Period of detention undergone by the accused to be set off against the sentence of imprisonment

Related Judgments

• Nitin Babasaheb Mandlik. vs The State of Maharashtra & Others., .., –, Shri Madhav Jamdar for the — Bombay High Court (Mumbai Principal Seat) (2012)
• JITENDER @ KALLA vs STATE GOVT OF NCT OF DELHI — Delhi High Court (2016)
• MULLA & ANR. vs STATE OF U.P — Supreme Court of India (2010)
• ASHOK KUMAR ALIAS GOLU vs UNION OF INDIA AND ORS — Supreme Court of India (1991)
• MARU RAM ETC. ETC. vs UNION OF INDIA & ANR — Supreme Court of India (1980)
• RAM CHANDER vs THE STATE OF CHHATTISGARH & ANR — Supreme Court of India (2022)

Old <-> New Code Mapping

• BNSS §475 — Restriction on powers of remission or commutation in certain cases