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Report No. 135

2.16. Section 433A, Cr. P.C.-

Besides section 43, section 433 of the Code of Criminal Procedure 1973, provides that, without the consent of the person sentenced, the appropriate Government may comminute certain sentences. This power includes:

(a) commutation of sentence of death for any other punishment provided by the Penal Code, and also

(b) commutation of a sentence of imprisonment for a term not exceeding 14 years or fine.

Here again, a convict cannot demand to be released after 14 years, where he had been sentenced for imprisonment for life; a specific order under section 433A is necessary.1

But the power has now been expressly made subject to section 433A of the Code (inserted in 1978) which reads as under:-

"433A. Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he has served al least fourteen years of imprisonment."

1. Naib .Singh v. State of Punjab, 1983 CLJ 1345 (SC).



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