Concurrent power of Central Government in case of death sentences
Section 434 of the Code of Criminal Procedure, 1973 deals with concurrent power of Central Government in case of death sentences. The powers conferred by sections 432 and 433 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
The powers conferred by sections 432 and 433 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government.
Section 434, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 476 Concurrent power of Central Government in case of death sentences Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Saleem vs State of U.p.
Court's Decision & Legal Precedent
A death-sentenced prisoner has a constitutional right under Article 21 to legal aid in preparing and filing mercy petitions, and the State cannot proceed with a mercy petition filed by jail authorities without the prisoner's legal assistance and knowledge without violating procedural fairness and natural justice. The State must provide legal aid to the prisoner and reconsider the mercy petition in light of any additional material the prisoner wishes to submit with proper legal assistance, in accordance with the Supreme Court's mandate in Shatrughan Chauhan v. Union of India.
On this section: Power of State Government to remit or suspend sentence; remedy available to death-sentenced prisoners
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 434
What have the courts held on Section 434 of the Code of Criminal Procedure?
Saleem vs State of U.p. (19 Jun 2020) is the leading judgment on this section among those set out below: Power of State Government to remit or suspend sentence; remedy available to death-sentenced prisoners.
How do I find court cases under Section 434 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: CRPC 434, section 434 CRPC, section 434 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. 1 reported judgment on this section is set out on this page, beginning with Saleem vs State of U.p. (19 Jun 2020).
What should I read with Section 434 of the Code of Criminal Procedure, 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. For anything done on or after 1 July 2024 the provision to read is BNSS 476 (Concurrent power of Central Government in case of death sentences), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 434 of the Code of Criminal Procedure come into force?
Section 434 of the Code of Criminal Procedure, cited as CRPC 434, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
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- 220. Trial for more than one offence962 words
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- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.