Power to commute sentence
Section 433 of Code of Criminal Procedure, 1973 deals with 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);
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, for fine. 1[433A. Restriction on powers of remission or commutation in certain cases .- Notwithstanding anything 1. Ins. by Act 45 of 1978, s. 32 (w.e.f.18-12-1978). 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.]
Section 433, Code of Criminal Procedure, 1973 (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 433
What does Section 433 of the Code of Criminal Procedure deal with?
Section 433 of the Code of Criminal Procedure is headed "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);
How do I find court cases under Section 433 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure 1973 433, section 433 Code Criminal Procedure 1973, section 433 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 433 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 432 (Power to suspend or remit sentences), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When was the Code of Criminal Procedure enacted?
Code of Criminal Procedure was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25668 words
- 320. Compounding of offences1341 words
- 164. Recording of confessions and statements1157 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1101 words
- 437. When bail may be taken in case of non-bailable offence999 words
- 220. Trial for more than one offence959 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/65ae197e-06e1-4b83-a2c4-79fffb837967.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3476c537-83fa-4339-9917-27dac92cae0d/content). This page is not a substitute for legal advice.