Section 433 CrPC: Power to Commute Sentence – India’s Code of Criminal Procedure

1. Code:

Section 433 of the Code of Criminal Procedure, 1973, deals with the power of the appropriate government to commute a sentence.

2. Explanation:

This section empowers the appropriate government, which is the central government or a state government depending on the nature of the offense, to commute a sentence awarded by a court. “Commutation” refers to the substitution of a less severe punishment for a more severe one. This can include reducing the duration of the sentence, changing the type of punishment (e.g., from imprisonment to a fine), or even completely remitting the sentence.

3. Illustration:

Imagine a person is sentenced to life imprisonment for murder. The government, after considering various factors like the convict’s conduct in prison, remorse, or the gravity of the crime, can commute the life sentence to a fixed term of imprisonment.

4. Common Questions and Answers:

Q: Who has the power to commute a sentence?
A: The appropriate government, as specified by the law, has the power to commute a sentence.

Q: What are the grounds for commutation?
A: There are no specific grounds mentioned in the code. However, the government usually considers factors like the convict’s conduct, the nature of the crime, remorse shown, and the possibility of rehabilitation.

Q: Can a convict apply for commutation?
A: Yes, a convict can apply to the government for commutation. However, the government is not bound to grant commutation simply because the convict requests it.