Fri. Sep 18th, 2020

Section 433 Power to commute sentence

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Section 433 Power to commute sentence

The appropriate Government may, without the consent of the person-sentenced commute-

(a) A sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);

(b) A sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;

(c) A sentence of rigorous imprisonment for simple imprisonment for any term to which that person might have been sentenced, or for fine;

(d) A sentence of simple imprisonment, for fine.

 

                                                                                                    COMMENTS

Even where supreme court upheld validity of section 433, government cannot reduce or commute sentence to less than 14 years for weighty reason as the crime was serious ; Shidagauda Nilgappa Ghandakar v. State of Karnataka ,AIR 1981 SC 764 : (1981) Cr LJ 324 : (1981) SCC (Cr)  163 : (1981) Cr LR (SC) 112.

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