CrPC Section 440
Section 440 of the Criminal Procedure Code (CrPC), 1973:
π Section 440 CrPC β Power to remit sentence or fine
π What does Section 440 say?
The Sessions Court has the power to remit (reduce or cancel) any part of the sentence or fine awarded by itself or by a subordinate court.
The remission can be of:
The whole or any part of the sentence of imprisonment, or
The whole or any part of a fine.
π Key points:
This power is usually exercised for reasons of mercy, good behavior, or other sufficient cause.
The remission can be granted before or after the sentence has commenced.
Remission does not affect the conviction or the legal standing of the sentence, only the punishment's extent.
βοΈ Purpose:
To provide the court with flexibility and discretion in enforcing justice humanely.
Allows correction of excessive or harsh sentences where warranted.
β Example:
If a person is sentenced to 3 years imprisonment by a Sessions Court, the same court may later decide to remit 6 months of that sentence due to good conduct or other reasons.
Certainly! Here's a clear explanation of Section 440 of the Criminal Procedure Code (CrPC), 1973:
π Section 440 CrPC β Power to remit sentence or fine
π What does Section 440 say?
The Sessions Court has the power to remit (reduce or cancel) any part of the sentence or fine awarded by itself or by a subordinate court.
The remission can be of:
The whole or any part of the sentence of imprisonment, or
The whole or any part of a fine.
π Key points:
This power is usually exercised for reasons of mercy, good behavior, or other sufficient cause.
The remission can be granted before or after the sentence has commenced.
Remission does not affect the conviction or the legal standing of the sentence, only the punishment's extent.
βοΈ Purpose:
To provide the court with flexibility and discretion in enforcing justice humanely.
Allows correction of excessive or harsh sentences where warranted.
β Example:
If a person is sentenced to 3 years imprisonment by a Sessions Court, the same court may later decide to remit 6 months of that sentence due to good conduct or other reasons.
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