Section 432 CrPC: Power to Suspend or Remit Sentences - Section 473 BNSS
Understand how the appropriate Government may suspend a criminal sentence or remit punishment, the procedure for considering requests, conditions of release and the corresponding BNSS law.
Section 432 CrPC - Complete statutory text
Power to suspend or remit sentences. The following is the provision reproduced from the original article, including its seven subsections and proviso.
(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:
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 petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and-
(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or
(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.
(6) The provisions of the above sub-sections 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 property.
(7) In this section and in section 433, the expression "appropriate Government" means,-
(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;
(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.
Current law: Section 473 BNSS, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 generally came into force on 1 July 2024 and replaced the CrPC, subject to transitional and saving rules under Section 531 BNSS. Section 473 BNSS corresponds to Section 432 CrPC and is titled Power to suspend or remit sentences. The broad framework remains: the appropriate Government may suspend or remit punishment, with or without conditions accepted by the sentenced person.
Important textual update: The proviso to Section 473(5) BNSS applies to a person above eighteen years, while the former CrPC proviso expressly referred to a male person above eighteen years. The BNSS also updates cross-references to Section 474 BNSS (commutation), rather than Section 433 CrPC.
Meaning of key legal terms
Suspension of sentence
A temporary halt in the execution of the punishment. Suspension may be subject to conditions; if the relief is withdrawn, the remaining sentence can become executable.
Remission of sentence
Reduction or cancellation of the whole or a part of the punishment yet to be served, without necessarily changing the nature of the original conviction or sentence.
Appropriate Government
Under Section 432(7) CrPC and Section 473(7) BNSS, this generally means the Central Government where the relevant offence or order concerns a matter within Union executive power, and otherwise the Government of the State in which the offender was sentenced or the order was made.
Explanation of each subsection
- Subsection (1): Allows the appropriate Government to suspend execution or remit punishment at any time, unconditionally or on conditions accepted by the convicted person.
- Subsection (2): Allows the Government, when considering an application, to seek the relevant presiding Judge's opinion, reasons and certified trial records.
- Subsection (3): Permits cancellation for non-fulfilment of a condition; a person at liberty may then be arrested without warrant and required to serve the unexpired portion.
- Subsection (4): Permits conditions dependent on the person's conduct or independent of the person's will.
- Subsection (5): Permits rules and special orders governing applications. Its proviso sets custody and submission requirements for the specified category of applicants.
- Subsection (6): Extends the mechanism to certain criminal court orders restricting liberty or imposing liability on a person or property.
- Subsection (7): Defines which Government is competent to exercise the power.
How a suspension or remission request is considered
- Identify the Government competent under the offence and sentencing court.
- Check the applicable BNSS or saved CrPC regime, prison rules, remission policy and any special statute.
- Submit the request in the prescribed manner, including through the prison authority where required.
- The Government may obtain the opinion and record of the court concerned.
- The competent authority decides whether to grant relief and whether to attach conditions.
- Failure to comply with conditions can lead to cancellation and service of the remaining sentence.
Limits and related provisions
The power is not unrestricted. Section 433A CrPC / Section 475 BNSS imposes a minimum fourteen-year imprisonment requirement for specified life sentences. Section 435 CrPC / Section 477 BNSS governs Central Government involvement in specified cases; the BNSS provision uses concurrence rather than merely consultation. Constitutional clemency powers under Articles 72 and 161 operate on a distinct legal footing.
Suspension, remission and commutation are different concepts. Commutation substitutes one legally permitted form of punishment for another; it is dealt with in Section 433 CrPC and Section 474 BNSS.
Illustrative example
A person serving a term of imprisonment applies for remission under the applicable prison policy. The appropriate Government examines the request and may seek the sentencing court's reasoned opinion. If conditional remission is granted and a valid condition is later breached, the Government may cancel the relief in accordance with the governing law. The outcome depends on the case and applicable statutory restrictions.
Frequently asked questions
What is Section 432 CrPC?
It empowers the appropriate Government to suspend execution of a sentence or remit all or part of the punishment, subject to statutory conditions.
Which BNSS section replaces Section 432 CrPC?
Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can remission be cancelled?
Yes. If a condition is not fulfilled, the appropriate Government may cancel the suspension or remission and the person may be arrested without warrant to serve the unexpired sentence.
Does a prisoner have an automatic right to remission?
No. The provision confers a statutory power on the appropriate Government, subject to applicable law, policies, restrictions and judicial review.
What changed in the BNSS provision about petitions?
The proviso in Section 473(5) refers to a person above eighteen years, whereas Section 432(5) CrPC expressly referred to a male person above eighteen years.
Official legal references
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF)
- Bureau of Police Research and Development - BNSS and CrPC comparison (PDF)
- India Code - Central legislation database
This article provides general legal information. Remission and suspension decisions depend on the statute, case facts, binding judgments, prison policies and current government orders.