SECTION 435 CrPC - Code of Criminal Procedure - State Government to act after consultation with Central Government in certain cases

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(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.

Comments

Where the trial Court has sufficient reasons for taking lenient view on question of sentence, it should not be interfered; State of Karnataka v. Hema Reddy alias Vema Reddy, AIR 1981 SC 1417: (1981) Cr LJ 1019: (1981) 2 SCC 186:(1981)1 SCC (Cr) 3985: (1981) SCC (Cr) 429: (1981) Cr LR (SC) 278.

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