CrPC Section 435 — State Government to act after consultation with Central Government in certain cases

Summary

Sub-section (1) says the State Government may use its powers under sections 432 and 433 to remit or commute a sentence only after consulting the Central Government if the offence: (a) was investigated by the Delhi Special Police Establishment or another agency empowered to investigate offences under a Central Act other than the Code; (b) involved misappropriation, destruction of, or damage to property belonging to the Central Government; or (c) was committed by a Central Government employee while acting, or claiming to act, in the discharge of official duty.

Sub-section (2) says a State Government order suspending, remitting or commuting sentences will not take effect in the specified circumstances unless the Central Government has also made such an order for the sentences relating to offences concerning matters within the Union’s executive power. These circumstances are where a person has been convicted of offences, some of which concern those matters, and has received separate prison terms that are to run concurrently.

Official Text

(1) The powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence—

(a) which was investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, or

(b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or

(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after consultation with the Central Government.

(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.

Sections referred to

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

Related Judgments

• SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRA vs STATE OF KARNATAKA — Supreme Court of India (2008)
• UNION OF INDIA vs V. SRIHARAN @ MURUGAN & ORS — Supreme Court of India (2014)
• EPURU SUDHAKAR AND ANR. vs GOVT. OF A.P. AND ORS — Supreme Court of India (2006)
• JITENDER @ KALLA vs STATE GOVT OF NCT OF DELHI — Delhi High Court (2016)

Old <-> New Code Mapping

• BNSS §477 — State Government to act after concurrence with Central Government in certain cases