Indian criminal procedure | Updated October 2026

Section 435 CrPC and Section 477 BNSS: Central Government Concurrence

Section 435 of the Code of Criminal Procedure, 1973 (CrPC) required the State Government to consult the Central Government before exercising remission or commutation powers in specified cases. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 477, which requires concurrence of the Central Government rather than mere consultation.

Current legal position: The BNSS came into force on 1 July 2024. Section 531 contains repeal and savings provisions for proceedings and matters governed by the former CrPC. The applicable procedural regime must be determined for each case.

Meaning of consultation, concurrence, remission and commutation

Consultation ordinarily requires seeking and considering the Central Government's views. Concurrence requires its agreement before the State Government exercises the specified power. This distinction is material because Section 477(1) BNSS expressly uses the word "concurrence".

Remission reduces or forgives the period of punishment without changing the nature of the sentence; commutation substitutes a different, legally permitted punishment. Suspension temporarily halts the execution of a sentence subject to applicable conditions.

Section 435 CrPC: text and explanation

Section 435(1) restricted the State Government's powers under Sections 432 and 433 to remit or commute a sentence in the following categories unless the Central Government had been consulted:

Central-agency investigation: an offence investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946, or another agency empowered to investigate offences under a Central Act other than the CrPC.
Central Government property: an offence involving misappropriation, destruction or damage to property belonging to the Central Government.
Central Government service: an offence committed by a person serving the Central Government while acting, or purporting to act, in discharge of official duty.

Section 435(2): Where a person was convicted of multiple offences, including offences concerning matters within Union executive power, and received separate concurrent imprisonment terms, a State Government order suspending, remitting or commuting sentences would not take effect unless the Central Government also made the relevant order for the Union-related offences.

Section 477 BNSS: present statutory provision

Section 477(1) of the BNSS addresses the State Government's powers under Section 473 (suspension or remission) and Section 474 (commutation). For the following offences, those powers cannot be exercised without the concurrence of the Central Government:

Offences investigated by an agency empowered to investigate under a Central Act other than the BNSS.
Offences involving misappropriation, destruction or damage to Central Government property.
Offences committed by Central Government servants while acting or purporting to act in discharge of official duty.

Section 477(2) additionally requires a corresponding Central Government order in the situation of separate concurrent imprisonment sentences involving offences within the Union's executive domain. A State order alone is not effective for the situation described in that subsection.

How the requirement operates

Before deciding a remission or commutation proposal involving one of the specified categories, the competent State authority must identify the investigating agency, ownership of any affected property, and the convicted person's service status and connection to official duties. Under Section 477(1) BNSS, the State must obtain Central Government concurrence. Where Section 477(2) applies, the necessary Central Government order must also exist.

These provisions must be read alongside the general powers and restrictions on remission and commutation, including Section 433A CrPC and its corresponding Section 475 BNSS. Constitutional clemency powers under Articles 72 and 161 operate on a distinct footing.

Official legal sources

Frequently asked questions

What is the new BNSS equivalent of Section 435 CrPC?

Section 477 BNSS is the corresponding provision, effective from 1 July 2024 subject to the repeal and savings framework.

Is consultation sufficient under Section 477 BNSS?

No. Section 477(1) expressly requires concurrence of the Central Government in the specified cases.

Does every State remission order require Central Government concurrence?

No. The special requirement applies to the categories described in Section 477 and must be considered alongside other applicable legal requirements.

This article provides general legal information, not advice on an individual remission or commutation application. Refer to the applicable statutory text, rules and judicial decisions.