CrPC 435 — State Government to act after consultation with Central Government in certain cases

Code of Criminal Procedure, 1973

Statutory text

(1) The
powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence—
(a) which  was investigated by the  Delhi Special Police  Establishment constituted  under the Delhi Special
Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an
offence under any Central Act other than this Code, or
(b) which  involved  the  misappropriation  or  destruction  of,  or  damage  to,  any  property  belonging  to  the
Central Government, or
(c) which was committed by a person in the service of the Central Government while acting or purporting
to act in the discharge of his official duty, shall not be exercised by the State Government except after consultation with the Central Government.
(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation
to a  person, who has been convicted of offences, some  of  which relate to  matters to  which the  executive  power of
the  Union  extends,  and  who  has  been  sentenced  to  separate  terms  of  imprisonment  which  are  to  run  concurrently,
shall  have  effect  unless  an  order  for  the  suspension,  remission  or  commutation,  as  the  case  may  be,  of  such
sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.

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