State Government to act after consultation with Central Government in certain cases

Repealed Act 2 of 1974 As on 18 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974

This is a second copy of a Central Act. India Code files it on Delhi's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 435 of the Code of Criminal Procedure Act deals with state Government to act after consultation with Central Government in certain cases. 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

(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 1. Ins. by Act 45 of 1978, s. 32 (w.e.f.18-12-1978). 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. CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS
Section 435, The Code of Criminal Procedure Act (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Questions about Section 435

What does Section 435 of the Code of Criminal Procedure Act deal with?

Section 435 of the Code of Criminal Procedure Act is headed "State Government to act after consultation with Central Government in certain cases". 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

How do I find court cases under Section 435 of the Code of Criminal Procedure Act?

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 Act 435, section 435 Code Criminal Procedure Act, section 435 of the Code of Criminal Procedure Act. 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 435 of the Code of Criminal Procedure Act, and has it changed?

Its own text turns on section 432 (Power to suspend or remit sentences), section 433 (Power to commute sentence), so none of them can safely be read on its own.

When was the Code of Criminal Procedure Act enacted?

Code of Criminal Procedure Act 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 savings25553 words
320. Compounding of offences1305 words
164. Recording of confessions and statements1142 words
167. Procedure when investigation cannot be completed in twenty-four hours1114 words
437. When bail may be taken in case of non-bailable offence998 words
220. Trial for more than one offence960 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/aedad03b-d75d-4ad4-8833-2e467cc050cc.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/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.