CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES · E.–Suspension, remission and commutation of sentences

Section 433: Power to commute sentence

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

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.

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

433. Power to commute sentence.

BNSS 474(d)

Leading cases

Union of India v. V. Sriharan (2015)Life imprisonment means imprisonment for the rest of the convict's life; by majority, constitutional courts may substitute death with a term beyond 14 years or whole life without remission; Section 435(1) consultation means concurrence.

Questions on this section

1 question in 5 of our papers cite Section 433. Try these from the free papers:

1. Under Section 474(b) of the BNSS, the appropriate Government may, without the consent of the person sentenced, commute a sentence of imprisonment for life to:

Practise questions on Criminal Law