CrPC Section 432
Section 432 of the Criminal Procedure Code (CrPC), India:
⚖️ Section 432 CrPC – Power to suspend or remit sentences
🔹 Bare Act Text (Simplified):
(1) When any person has been sentenced to punishment for an offence, the appropriate government may, at any time, suspend the execution of the sentence or remit the whole or any part of the punishment.
(2) This power can be exercised:
On the government’s own initiative, or
Upon receiving an application from the convicted person or someone on his behalf.
(3) If the convicted person is in jail, the government may seek the opinion of the presiding judge who passed the sentence, especially in cases of suspension or remission.
(5) The suspension or remission may be conditional, and if the person violates the conditions, the government can cancel it.
✅ Key Concepts:
Suspension of Sentence: Temporarily stopping the execution of a sentence.
Remission of Sentence: Reducing or canceling the remaining part of the sentence.
🏛️ Appropriate Government:
For offences under Central laws, the Central Government is the authority.
For offences under State laws, the State Government is the authority.
📘 Example:
If a person is sentenced to 10 years in prison, but due to good behavior, the State Government may remit (reduce) the sentence to 6 years under Section 432.
⚠️ Important Notes:
The power under Section 432 is executive, not judicial.
It's different from appeal or revision — it's about mercy or policy-based decisions, not legal correctness.
The use of this power is discretionary, but must follow constitutional norms (e.g. Article 161 for Governor's power).
🔗 Related Sections:
Section 433 – Power to commute sentences.
Section 434 – Concurrent power of Central Government in certain cases.
Article 72 & 161 of Constitution – President's and Governor's powers of pardon.
Here is a detailed explanation of Section 432 of the Criminal Procedure Code (CrPC), India:
⚖️ Section 432 CrPC – Power to suspend or remit sentences
🔹 Bare Act Text (Simplified):
(1) When any person has been sentenced to punishment for an offence, the appropriate government may, at any time, suspend the execution of the sentence or remit the whole or any part of the punishment.
(2) This power can be exercised:
On the government’s own initiative, or
Upon receiving an application from the convicted person or someone on his behalf.
(3) If the convicted person is in jail, the government may seek the opinion of the presiding judge who passed the sentence, especially in cases of suspension or remission.
(5) The suspension or remission may be conditional, and if the person violates the conditions, the government can cancel it.
✅ Key Concepts:
Suspension of Sentence: Temporarily stopping the execution of a sentence.
Remission of Sentence: Reducing or canceling the remaining part of the sentence.
🏛️ Appropriate Government:
For offences under Central laws, the Central Government is the authority.
For offences under State laws, the State Government is the authority.
📘 Example:
If a person is sentenced to 10 years in prison, but due to good behavior, the State Government may remit (reduce) the sentence to 6 years under Section 432.
⚠️ Important Notes:
The power under Section 432 is executive, not judicial.
It's different from appeal or revision — it's about mercy or policy-based decisions, not legal correctness.
The use of this power is discretionary, but must follow constitutional norms (e.g. Article 161 for Governor's power).
🔗 Related Sections:
Section 433 – Power to commute sentences.
Section 434 – Concurrent power of Central Government in certain cases.
Article 72 & 161 of Constitution – President's and Governor's powers of pardon.
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