What is Restriction on powers of remission or commutation in certain cases? What is Concurrent power of Central Government in case of death sentences? What is the meaning of State Government to act after consultation with Central Government in certain cases? Section 433a, 434 and 435 of Code of Criminal Procedure 1973

Restriction on powers of remission or commutation in certain cases, Concurrent power of Central Government in case of death sentences and State Government to act after consultation with Central Government in certain cases are defined under Section 433a, 434 and 435 of CRPC 1973. Provisions under these sections are:

Section 433A of CRPC "Restriction on powers of remission or commutation in certain cases"

Notwithstanding anything contained in Section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under Section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.

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1. Ins. by Act 45 of 1978, s. 32 (w.e.f.18-12-1978)

Section 434 of CRPC "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 exercised by the Central Government.

Section 435 of CRPC "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 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.