State Government to act after consultation with Central Government incertain cases
Section 435 of the Code of Criminal Procedure, 1973 deals with state Government to act after consultation with Central Government incertain cases. State Government to act after consultation with Central Government in certain cases. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
State Government to act after consultation with Central Government in certain cases.
(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 Govern- ment, or 1 Ins. by Act 45 of 1978, s. 32 (w.e.f. 18-12-1978).
(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.
CHAP
PROVISIONS AS TO BAIL AND BONDS.
CHAPTER XXXIII
PROVISIONS AS TO BAIL AND BONDS
Section 435, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 477 State Government to act after concurrence with Central Government in certain cases Close, with changes 81%
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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Mamta Saini vs Krishan Chand
Court's Decision & Legal Precedent
A revision petition against an order of attachment passed under the third proviso to Sub Section (4) of Section 145 CrPC is not maintainable as such order is an interlocutory order and the bar contained in Section 435(2) CrPC (formerly Section 435(4-a) CrPC) applies to revision petitions filed against interlocutory orders passed in any appeal, inquiry, trial or other proceedings. Consequently, a Sessions Judge lacks jurisdiction to entertain and decide a revision petition against such an attachment order, and any order passed by the Sessions Judge in such revision petition is illegal and without jurisdiction.
On this section: Bar on exercise of revisional powers in relation to interlocutory orders passed in any appeal, inquiry, trial or other proceedings
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Gian Chand vs Mehak Sethi
Court's Decision & Legal Precedent
A High Court exercising revisional jurisdiction at the instance of a private complainant against an order of acquittal cannot interfere with the acquittal unless there exists a glaring legal defect of a serious nature resulting in grave failure of justice or manifest illegality. The court cannot convert an acquittal into a conviction merely because it disagrees with the trial court's appreciation of evidence. Revisional jurisdiction is discretionary and must be exercised judiciously only in exceptional cases, not as a substitute for appellate review.
On this section: Grants High Court power to call for records and satisfy itself as to correctness, legality, propriety of findings, sentences, or orders; establishes basis for revisional jurisdiction
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… 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." Answer to this question depends wholly on the interpretation of Section 435 of Code of Criminal Procedure. After referring to the said Section, learned Solicitor General referred to the convictions imposed on the accused/respondents in the Late Rajiv Gandhi Murder case. Learned Solicitor General pointed out that though 26 accused were convicted by the Special Court, this Court confirmed the …
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… Makula Sahu^, which was referred in a judgment of Allahabad High Court in Rang Bahadur Singh case (referred to supra), as follows: 16. > " Although the revisional power of the High Court under section 439 read with section 435 of the Code of Criminal Procedure, 1898 is as wide as the power of Court of Appeal under section 423 of the Code, it is now well settled that normally the jurisdiction of the High Court under section 439 is to be exercised only in exceptional cases when there is a glaring defect in the procedure or there is a …
Questions about Section 435
What have the courts held on Section 435 of the Code of Criminal Procedure?
Mamta Saini vs Krishan Chand (28 Nov 2017) is the leading judgment on this section among those set out below: Bar on exercise of revisional powers in relation to interlocutory orders passed in any appeal, inquiry, trial or other proceedings. Another 1 judgment on this section is set out below. They run from 2017 to 2021.
How do I find court cases under Section 435 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 435, section 435 CRPC, section 435 of the Code of Criminal Procedure. People searching for it also type 435 crpc pakistan and 435 crpc in bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mamta Saini vs Krishan Chand (28 Nov 2017).
What should I read with Section 435 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 477 (State Government to act after concurrence with Central Government in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 435 of the Code of Criminal Procedure come into force?
Section 435 of the Code of Criminal Procedure, cited as CRPC 435, 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
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 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.