Jan 18, 2018
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Powers of Appropriate government under Execution, Suspension, Remission And Commutation Of Sentences

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Powers of Appropriate government under Execution, Suspension, Remission And Commutation Of Sentences

Power to appoint place of imprisonment (section 417)

The State Government may appoint a place where any person liable to imprisonment shall kept or confined or committed to custody under Code of Criminal Procedure, 1973.

If any person liable to imprisoned or committed to custody in a civil jail. The Court of Magistrate, who passed the judgement of imprisonment shall direct that the person shifted to a criminal jail. Under the Code of Criminal Procedure, 1973.

When a person shifted to a criminal jail under Sub-Section (2) of section 417. Then he shall released therefrom, and also sent back to the civil jail, unless either :

  1. three years have elapsed since he shifted to the criminal jail. In which case he shall deemed to have released from the civil jail under section 58 of the Code of Civil Procedure, 1908 (5 of 1908) or section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be; or
  2. the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail. Such certification that person entitled to released under section 58 of the Code of Civil Procedure, 1908 or under section 23 of the Provincial Insolvency Act, 1920, as the case may be.

Power to suspend or remit sentences (section 432)

The appropriate Government may, with or without conditions, suspend the execution of sentence or remit whole or part of the punishment. This power can exercised for any person who has sentenced to punishment for an offence.

Whenever an application made to the appropriate Government for the suspension or remission of a sentence. The appropriate Government may require the presiding Judge of the Court who passed the judgement. The Appropriate government may require the presiding judge to state his opinion regarding the application together with reason. Presiding judge also required to forward the certified copy of record of trial.

The appropriate government has suspended or remitted the sentence on certain conditions. If such condition, in the opinion of the appropriate Government, not fulfilled. The appropriate Government may cancel the suspension or remission. Thereupon, also may direct any police officer to arrest the person in whose favour such suspension of or remittance of sentence passed. Also direct to undergo the unexpired portion of the sentence. The condition on which a sentence suspended or remitted under this section may fulfilled by the person in whose favour the sentence suspended or remitted, or one independent of his will. The appropriate Government may make general rules and also special orders for giving directions for suspension of sentences. Also the conditions on which the petitions should presented.

Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years. No such application for petition by the person sentenced or by any other person on his behalf shall considered. Unless the person sentenced is in jail and :

  1. where such petition made by the person sentenced and also presented through the officer in charge of the jail; or
  2. where such petition made by any other person and also contains a declaration that the person sentenced is in jail.

These provisions shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law which restricts the liberty of any person or imposes any liability upon him or his properly.

Power to commute sentence (section 433)

The appropriate Government may, without the consent of the person sentenced commute a sentence of :

  1. death, for any other punishment provided by the Indian Penal Code;
  2. imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
  3. rigorous imprisonment for simple imprisonment for any term to which that person might have been sentenced, or for fine;
  4.  simple imprisonment, for fine.

appropriate Government

  1. in cases where the sentence is for an offence against, or the order passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government
  2. in other cases the Government of the State within which the offender is sentenced or the said order is passed.
Article Categories:
Criminal law

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