CrPC Section 433
Section 433 of the Code of Criminal Procedure (CrPC), 1973 (India):
⚖️ Section 433 CrPC – Power to commute sentence
Bare Text (Simplified):
The appropriate Government may, without the consent of the person sentenced, commute (i.e., reduce or change) the following sentences:
Death sentence → to life imprisonment
Life imprisonment → to imprisonment for a term not exceeding 14 years or for a fine
Rigorous imprisonment → to simple imprisonment
Imprisonment (of any description) → to a fine
✅ Key Points:
"Appropriate Government" refers to:
Central Government – for offences under central laws or committed in Union Territories.
State Government – for offences under state laws or committed in that state.
Commutation does not require the consent of the convicted person.
It is a part of the executive's clemency powers (alongside pardon, remission, reprieve, etc.).
🧑⚖️ Purpose:
Provides a humanitarian remedy in deserving cases.
Allows the executive to show leniency or mercy, especially in cases involving old age, illness, rehabilitation, or miscarriage of justice.
Acts as a check on the judiciary in exceptional cases.
📌 Example:
A person sentenced to death may have their sentence commuted to life imprisonment by the government.
A person serving life imprisonment may have their sentence reduced to 14 years, depending on the circumstances.
🔗 Related Provisions:
Article 72 & 161 of the Constitution – deal with pardon powers of the President and Governor.
Section 434 & 435 CrPC – deal with commutation in certain specific situations.
RELATED Blog
0 comments