Code of Criminal Procedure, 1973 · 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The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 433
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Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi) & Others
Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the instant case, is entitled to be released from prison on…
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Kum. Shubha @ Shubhashankar v. State of Karnataka & Anr.
Whether in the facts and circumstances of the case, the conviction of the appellants by the High Court u/s.302 read with s.120-B, IPC and additionally, s.201, IPC for A-4 alone, is justified.
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IN RE: POLICY STRATEGY FOR GRANT OF BAIL versus
The first issue is whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission. The second issue is about…
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Navas @ Mulanavas v. State of Kerala
Appellant-accused was held guilty for the offences punishable u/ ss.302, 449, 309, IPC and sentenced accordingly. For the offence punishable u/s.302, IPC, he was sentenced to death. High Court confirmed the conviction,…
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Bilkis Yakub Rasool v. Union of India & Others
Writ petition filed u/Art. 32 by one of the victims challenging the order of State of Gujarat granting remission and early release of 11 convicts held guilty in Bilkis Bano matter, if maintainable; writ petitions filed…
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Joseph v. The State of Kerala
Whether the writ petition filed by the petitioner seeking appropriate direction to the Sta te Government, to prematurely release him, having been in custody-actual imprisonment for over 26 years, and served a sentence…
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Rajo @ Rajwa @ Rajendra Mandal v. The State
Petitioner serving a sentence of life imprisonment for commission of offences punishable u/ss.302/34 of the IPC, 1860 and s.27 of the Arms Act, 1959 sought direction for his premature release on the ground that he has…
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- H Manoharan v. State by Inspector of Police, Variety Hall Police Station, Coimbatore (Review Petition (Crl.) Nos.446-447 of 2019) in
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