....) No. 04/2205/Home dated 1-1-2005, passed by Respondent 4 State Government, granting remission of sentence to Respondents 2 and 3, in exercise of its power under Section 432 of the Code of Criminal Procedure (for short “CrPC”), without..., filed separate representations before the State Government seeking remission of their sentence under Section 432 CrPC.4. Respondent 4 State of Kerala issued G.O.... (Rt.) No. 04/2005/Home dated 1-1-2005 granting remission of the sentence imposed on Respondents 2 and 3 under Section 432 CrPC, which was challenged by the appellant by filing Writ Petition (C...

...President of India under Article 72 or of the Governor under Article 161, being a constitutional power cannot be under the restriction imposed by Section 433-A CrPC. Section 433-A CrPC can restrict the power under Section 432 CrPC...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...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...

...14 years even without the consent of the presiding judge of the sentencing court;(ii) Under Section 432(2) of the CrPC, the appropriate Government has the discretion to...seek the opinion of the presiding judge of the sentencing court;(iii) There is absence of clarity in Section 432(2) of the CrPC to indicate whether the presiding judge...the opinion of the sentencing court under Section 432(2) of the CrPC, it is not bound by the opinion itself. The decision of this Court in Union of India v. Sriharan @ Murugan...

...is, 27-9-1996 9 19963. After examining the legal position as to the nature of the powers arising under Section 432 CrPC read with Article 161 of the...) Deduct the period of set-off under Section 428 CrPC, 1973 0 2 8 (iv) Total amount of actual sentence the petitioner herein was liable to undergo 14 0 24 Days Months Year...after having been convicted under Section 302 IPC read with Section 34 IPC. The claim of the petitioner is that he has undergone the following period of actual sentence and earned remissions...

...7. Section 432(1) of the Criminal Procedure Code, 1973 (hereafter ‘CrPC’) empowers the appropriate government to suspend or remit sentences and applies only in the case of additional...remission, over and above what is earned as per the jail manual or statutory rules. (2012) 13 SCR 85 Section 432(2) prescribes the procedure whereby the appropriate government may seek the opinion of the Presiding Judge of the court before, or by which the applicant had been convicted, on whether the applications should be allowed or rejected, along with reasoning. Section 432(2) of the CrPC is...or commute sentences in certain cases. Whilst the statutory (under Section 432 CrPC) and constitutional (under Articles 72 and 161 of the Constitution) powers are distinct-the former limited...

...as the remission of the sentence of the convicts is concerned, there are provisions under Section 432 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC') and Section 473 of the Bharatiya...Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS'). Section 432 of the CrPC reads thus: "432. Power to suspend or remit sentences...the BNSS is Section 473. It is substantially similar to Section 432 of the CrPC. Therefore, we are not reproducing it. 3...

...sentence spanning the life of the convict can be curtailed by the appropriate Government for good and valid reasons in exercise of its powers under Section 432 CrPC. Broadly, this section statutorily...procedure to be followed for the exercise of power under Section 432 CrPC. But it does appear to us that sub-section (2) to sub-section (5) of Section 432 CrPC lay...would be free to seek redress from the appropriate Government by making a representation in terms of Section 432 CrPC. 60. Section 432 CrPC reads as follows...

...death. The term of sentence spanning the life of the convict can be curtailed by the appropriate Government for good and valid reasons in exercise of its powers under Section 432 CrPC. Broadly, this...decision of this Court detailing the procedure to be followed for the exercise of power under Section 432 CrPC. But it does appear to us that sub-section (2) to sub-section (5) of...Section 432 CrPC lay down the basic procedure, which is making an application to the appropriate Government for the suspension or remission of a sentence, either by the convict or someone on his...

...a convict under the Jail Manual or other statutory rules. If the term of sentence is indefinite (as in life imprisonment), the power under Section 432 CrPC can certainly be exercised but not on the...basis that life imprisonment is an arbitrary or notional figure of twenty years of imprisonment.77.7. Before actually exercising the power of remission under Section 432 CrPC the...entirety of the life of the prisoner unless it is curtailed by remissions validly granted under Section 432 CrPC or Articles 72 or 161 of the Constitution. A life convict only has the right to claim...

...Section 432 CrPC in the case of a definite term of sentence. The power under this Section is available only for granting “additional” remission, that is, for a period over and above the remission granted...or awarded to a convict under the Jail Manual or other statutory rules. If the term of sentence is indefinite (as in life imprisonment), the power under Section 432 CrPC can certainly be exercised but...not on the basis that life imprisonment is an arbitrary or notional figure of twenty years of imprisonment”77.7. Before actually exercising the power of remission under Section 432 CrPC the...

...appellant, that the appellant has already served 14 years and 6 months of imprisonment in jail and her case has not been considered by the State for premature release under Section 432 CrPC. Further...-2000 of the Sessions Court passed in Sessions Trial No. 3 of 2000, convicting the appellant under Section 302 of the Penal Code, 1860 (hereinafter referred to as “IPC”) and sentencing her to undergo...Section 113-B of the Evidence Act, 1872 (hereinafter referred to as “the Evidence Act”), which gives a presumption of demanding of dowry in such a case and recorded the findings of guilt...

...been brought on record, which expressly recites that the same was being issued in exercise of the powers conferred by sub-section (1) of Section 432 read with Section 433 of the Criminal Procedure Code (hereinafter called “CrPC, 1973...punishment. However, the provisions of Sections 432 and 433-A CrPC, relate to the present controversy. Section 432(1) CrPC empowers the State Government to suspend or remit sentences of any person...powers under Section 432 read with Sections 433 and 433-A CrPC. The restriction under Section 433-A is only to the extent of the powers to be exercised in respect of offences as referred to under Section...

...bound manner under Section 432 CrPC. ii. Pass any other order the Hon'ble court may deem fit in the interest of justice." 2 Learned counsel...

...aforesaid judgment, Hon'ble Supreme Court held as under:-“61. It appears to us that an exercise of power by the appropriate Government under sub-section (1) of Section 432 CrPC cannot..., subject to the fulfilment of certain conditions. Those conditions are found either in the Jail Manual or in statutory rules. sub-section (1) of Section 432 CrPC cannot be read to....77.6 Remission can be granted under Section 432 CrPC in the case of a definite term of sentence. The power under this section is available only for granting “additional” remission, that is, for a...

...Government under sub-section (1) of Section 432 CrPC cannot be suo motu for the simple reason that this sub-section is only an enabling provision. The appropriate Government is...) of Section 432 CrPC cannot be read to enable the appropriate Government to "further override" the judicial pronouncement over and above what is permitted by the Jail Manual or the statutory rules.... 77.6. Remission can be granted under Section 432 CrPC in the case of a definite term of sentence. The power under this section is available only for granting "additional" remission, that is, for a...

...built in some procedural and substantive checks in statue. These need to be faithfully enforced.77.6 Remission can be granted under Section 432 CrPC in the case of a definite term of...other statutory rules. If the term of sentence is indefinite (as in life imprisonment), the power under Section 432 CrPC can certainly be exercised but not on the basis that life imprisonment is an...arbitrary or notional figure of twenty years of imprisonment.77.7 Before actually exercising the power of remission under Section 432 CrPC the appropriate Government must obtain the...

...-A is a specific, explicit, definite provision dealing with a particular situation or narrow class of cases, as distinguished from the general run of cases covered by Section 432 CrPC. Section 433-A...Court is, on the face of it, against the provision of Section 433-A CrPC and its interpretation given by this Court in the case of Maru Ram v. Union of India...Section 433-A CrPC overrides all other laws which reduce or remit the term of life sentence and mandates that a minimum of 14 years of actual imprisonment should be undergone by a convict where a...