Code of Criminal Procedure, 1973 · Chapter XXXII: Execution, Suspension, Remission and Commutation of Sentences · E.–Suspension, remission and commutation of sentences
Section 433A: Restriction on powers of remission or commutation in certain cases
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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 had served at least fourteen years of imprisonment.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 433A
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Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi) & Others
Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the instant case, is entitled to be released from prison on…
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Firoz Khan Akbarkhan v. The State of Maharashtra
Whether the concurrent conviction of the appellant u/s.302 r/w s.34, Penal Code, 1860 is justified; whether he is entitled to remission of sentence.
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Gyanendra Singh @ Raja Singh v. State of U.P.
Whether the conviction of the appellant ought to have been recorded under the IPC or whether the provisions of the Special law, i.e., Section 42A of Protection of Children from Sexual Offences Act, 2012, would prevail…
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IN RE: POLICY STRATEGY FOR GRANT OF BAIL versus
The first issue is whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission. The second issue is about…
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Sandeep v. State of Uttarakhand
The Sessions Court found the appellant guilty of the offence u/s.302 r/w. s.34 IPC, convicted and sentenced him to undergo rigorous imprisonment for life. The judgment of conviction and sentence passed by the Sessions…
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Bhaggi @ Bhagirath @ Naran v. The State of Madhya Pradesh
The capital punishment awarded to the petitioner-convict for the conviction u/s. 376 AB, IPC was not confirmed and it was commuted to imprisonment for life, which, going by the provisions thereunder, means imprisonment…
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Bilkis Yakub Rasool v. Union of India & Others
Writ petition filed u/Art. 32 by one of the victims challenging the order of State of Gujarat granting remission and early release of 11 convicts held guilty in Bilkis Bano matter, if maintainable; writ petitions filed…
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Joseph v. The State of Kerala
Whether the writ petition filed by the petitioner seeking appropriate direction to the Sta te Government, to prematurely release him, having been in custody-actual imprisonment for over 26 years, and served a sentence…
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Rajo @ Rajwa @ Rajendra Mandal v. The State
Petitioner serving a sentence of life imprisonment for commission of offences punishable u/ss.302/34 of the IPC, 1860 and s.27 of the Arms Act, 1959 sought direction for his premature release on the ground that he has…
- Ravinder Singh v. The State Govt. of NCT of Delhi
- Vikas Chaudhary v. The State of Delhi
- Shiva Kumar @ Shiva @ Shivamurthy v. State of
- Rajkumar v. The State of Uttar Pradesh
- Manoj Pratap Singh v. The State of Rajasthan
- Ram Chander v. The State of Chhattisgarh & Anr.
- Pappu v. The State of Uttar Pradesh
- The State of Haryana & Ors v. Raj Kumar @ Bittu
- Sunil Kumar @ Sudhir Kumar & Anr. v. The State of Uttar Pradesh
- Shatrughna Baban Meshram v. State of Maharashtra
- Satish @ Sabbe v. The State of Uttar Pradesh
- Pyare Lal v. State of Haryana
- Ex-Gunner Virender Prasad v. Union of India & Anr.
- State of Rajasthan and Others v. Mukesh Sharma
- Kuna@ Sanjaya Behera v. The State of Odisha
- Vikas Yadav v. State of U.P. and Ors. Etc. Etc.
- Tara Sfngh & Ors. v. Union of India & Ors.
- State of Gujarat & Anr. v. Lal Singh @ Manjit Singh & Ors.
- Pankajakshi (Dead) Through Lrs. & Others v. Chandrika & Others
- Mohd. Arif @Ashfaq v. He Registrar, Supreme Court of India & Ors.
- Duryodhan Rout v. State of Orlssa
- Mahesh Dhanaji Shinde v. State of Maharashtra
- Sushil Sharma v. The State of N.C.T. of Delhi
- State of Rajasthan v. Jamil Khan
- Sunil Damodar Gaikwad v. State of Maharashtra
- Gurvail Singh @ Gala v. State of Punjab
- Sujit Biswas v. State of Assam
- Krishnan & Ors. v. State of Haryana & Ors.
- Shankar Kisanrao Khade v. State of Maharashtra
- Rattiram & Ors. Etc. v. State of M.P. Through Inspector of Police
- Devender Pal Singh Bhullar v. State of N.C.T. of Delhi
- Yakub Abdul Razak Memon v. The State of Maharashtra, Through Cbi, Bombay
- Mohinder Singh v. State of Punjab
- Sangeet & Anr. v. State of Haryana
- State of U.P. v. Sanjay Kumar
- Rameshbhai Chandubhai Rathod v. The State of Gujarat
- Remdeo Chauhan @ Rajnath Chauhan v. Bani Kant Das and Ors.
- Samjuben Gordhanbhai Koli v. State of Gujarat
- State of Haryana and Ors. v. Jagdish
- Mulla & Anr. v. State of U.P.
- Ramraj @ Nanhoo @ Bihnu v. State of Chhatiisgarh
- Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka
- State of Haryana v. Mahender Singh and Ors.
- Jayawant Dattatray Suryarao v. State of Maharashtra
- Shri Bhagwan v. State of Rajasthan
- Ramdeo Chauhan@ Raj Nath v. State of Assam
- State of Haryana v. Nauratta Singh and Ors.
- State of Haryana and Ors. v. Mohinder Singh
- Union of India and Ors. v. Sadha Singh
- State of Haryana and Ors. v. Balwan Etc.
- Ranjit Singh v. Union Territory of Chandigarh & Anr.
- Ashok Kumar Alias Golu v. Union of India and Ors.
- State of Punjab v. Babu Singh
- State of Haryana and Anr v. Ram Diya
- State of Punjab and Ors. Etc. Etc. v. Joginder Singh and Ors. Etc. Etc.