...new Code of Criminal Procedure, 1973 has put the matter completely beyond any controversy and has reiterated the provisions of Section 402(3) in sub-section (7) of Section 432 which provides thus...the discretion under Sections 401 and 402 of the Code of Criminal Procedure to remit the remaining part of the sentence and order release of the prisoner. Secondly, it was submitted that as the...exercise its discretion under Section 401 of the Code of Criminal Procedure. No one appeared for the respondent, but at the time of granting special leave, this Court had ordered that the release of the...

.... Indeed, the most important of them are admitted by the appellant in his statement under Section 342 of the Code of Criminal Procedure when examined in the Court of Sessions. It has been established....3. When examined under Section 342 of the Code of Criminal Procedure by the Sessions Judge, the appellant stated that the deceased Ram Dularey had asked him to take his goods in his...examined under Section 342 of the Code of Criminal Procedure concerning the act of murder or robbery.5. We have examined the statement of the appellant recorded under Section...

...empowered under Section 432 of the Code of Criminal Procedure to suspend or remit sentences. Sub-section (2) of Section 432 provides that the appropriate government may take the opinion of the pre...opinion. Sub-section (2) of Section 432 reads thus:“Section 432-Power to suspend or remit sentences.(2) Whenever an application is made to the...:“433A. 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...

...sentence is still running at the date when the new Code of Criminal Procedure came into force. Section 428 on a plain natural construction of its language, posits for its applicability a factual...necessary implication, that the conviction and sentence must be after the coming into force of the new Code of Criminal Procedure. Hence, even where an accused person has been convicted prior to the...provisions of the old Code of Criminal Procedure must be deemed to have been passed under the corresponding provisions of the new Code of Criminal Procedure. It is now well settl...

...of section 433 of the Code of Criminal Procedure, 1973 (in short, the ‘Code’). Petitioner was convicted for an offence punishable under section 302 of Indian Penal Code...one likes fetters on his personal liberty.4. Section 432 of the Code corresponds to and reproduces almost word for word section 401 and sub-section (3) of section 402...of the Constitution is absolute and cannot be fettered by any statutory provision such as sections 432, 433 and 433-A or by any Prison Rules. But the President or the Governor, as the case may...

...hereinbefore, had been issuing executive instructions.25. Section 432 of the Code of Criminal Procedure provides for power to suspend or remit sentences. Section 433 provides fo...passing of orders under Section 401 of the Code of Criminal Procedure, 1898.21. Save as provided by Rule 20, when a prisoner has earned such remission as...Section 401, Code of Criminal Procedure), and (b) that all other convicts should, on the expiry of their sentences, less the periods of remission earned, be released unconditionally without any special...

...its judgment. The right to grant remission is governed by the provisions of Section 432 of the Code of Criminal Procedure which vests the said power with the appropriate Government and not in any court...be rejected. Under the provisions of the Code of Criminal Procedure, 1973, the court has suo motu power of revision, if that be so, the question of the same being invoked at the instance of an...decision to grant remission is made by the Government concerned. (See the proviso to Section 432(5) of the Code which was not the factual position in this case apart from the fact that the court has no...

...remissions but that, such remissions were to be taken into account only towards the end of the term. Under Section 432 of the Code of Criminal Procedure, the appropriate Government has the power to remit t...prisoners, shall be set off against the sentence of life imprisonment imposed upon them, subject to the provision contained in Section 433-A and, provided that orders have been passed by the appropriate authority under Section 432 or Section...that they are entitled to the benefit of Section 428 of the Code of Criminal Procedure, that is to say, that the period of detention undergone by them prior to their conviction as undertrial prisoners...

...that the petitioner has to apply under R;280A of the Kerala Prisons Rules, 1958 and that the power under sub-s.(6) of S. 432 of the Code of Criminal Procedure has to be...the purpose, by suspending the sentence under sub-section (6) of section 432 of the Code of Criminal Procedure. Such release shall be governed by the rules, if any, issued by...the Government in the behalf.”8. Sub-section (1) of S. 432 of the Code of Criminal Procedure reads as follows:“432. Power to suspend or remit sentences.— (1) When any...

...P.R Raman, J. (for himself & for Krishnan, J.)2. The above Criminal Miscellaneous Cases are filed under S. 432 of the Code of Criminal Procedure seeking to quash the...statutorily recognized by S. 561-A of the Code of Criminal Procedure, 1898. In Emperor v. Sukh Dev (1929 Lahore, 705) it was held that the inherent power cannot be exercised for doing act...) referring to S. 482 of the Code of Criminal Procedure 1973, it was held that when a prosecution at the initial stage is asked to be quashed the test to be applied by the court is as to whether the...

...Code of Criminal Procedure and the Prisons Acts and the rules framed by the different States.78. Section 432 of the Code of Criminal ...Aftab Alam, J.— Death to a cold-blooded murderer or life, albeit subject to severe restrictions of personal liberty, is the vexed question that once again arises before this Court. A verdict of death would cut the matter clean...sentence but giving the alternate sentence of life imprisonment in a capital offence was done away with by deletion of Section 367(5) in the Code of Criminal Procedure, 1898 and the requirement to...

...Order1. By an order dated January 3, 1985, the State Government of Maharashtra, in exercise of the powers conferred by sub-section (1) of Section 432 of the Code of Criminal ...was introduced by the Code of Criminal Procedure (Amendment) Act, 1976.2. We must accordingly allow the petition, and issue a direction to the State Government to reconsider and dispose...

...Section 32-A are basically borrowed from Sections 432, 433 of the Code of Criminal Procedure. The provisions under Section 432 & 433 deal with the power...are contained in Sections 432 & 433 of the Code of Criminal Procedure and at the risk of repetition of powers of the High Court to suspend the sentence of...Court has no power to remit or commute the sentence which vests only with the Government under Sections 432 and 433 of the Code of Criminal Procedure, the Section is...

...consideration is when can an accused be said to have availed of his indefeasible right for being released on bail under the proviso to Section 167(2) of the Code of Criminal Procedure, if a challan is not filed...that non-filing of challan within 60 days entitles the accused to be released on bail under proviso to Section 167(2) of the Code of Criminal Procedure. The Magistrate rejected the prayer on the same...will be appropriate to notice the very scheme of the Code. Under Section 56 of the Code of Criminal Procedure it is the bounden duty of the police officer arresting a person to produce him before a...

...terms of Section 432 of the Code of Criminal Procedure or under Articles 72 or 161 of the Constitution of India.5. We make it clear that the power of the President of India...Section 432 CrPC or Section 433 CrPC but it cannot restrict the constitutional powers under Article 72 or Article 161 of the Constitution, just as no limitation statute can restrict the constitutional...

...) of the Code of Criminal Procedure (for short “the Code”).3. However the learned Single Judge of the High Court of Madras was not inclined to interfere with the sentence...legal proposition without adverting to Section 431 of the Code. The Single Judge of the High Court of Kerala bypassed the legal proposition made by the Apex Court in the following manner: (KLT p. 432...

...Kurian Joseph, J.— Cognizance of an offence is taken by the Magistrate under Chapter XIV Section 190 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC...allegations and thereafter takes judicial notice of the offence. To quote:“8. As provided by Section 190 of the Code of Criminal Procedure, a Magistrate may take cognizance of...Jagdish Ram v. State of Rajasthan (2004) 4 SCC 432, the law was restated holding that at the...

...provide for a procedure to enable an appropriate government to remit the sentence under Section 401 (now Section 432) of the Code of Criminal Procedure on a consideration of the relevant factors...Sentences) Rules, 1958 (hereinafter alluded to as ‘the 1958 Rules’) notwithstanding the insertion of Section 433-A in the Code of Criminal Procedure, 1973 (hereinafter called ‘the Code’) with effect...said provision the case of a ‘lifer’ cannot be considered for early release unless he has completed 14 years of actual incarceration, the provisions of Sections 432 and 433 of the Code as well as the...