Skip to main content

Code of Criminal Procedure, 1973

Section 435

State Government to act after consultation with Central Government in certain cases

Quick Answer Reference: Section 435 CrPC

  • Provision: Section 435 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 435 of CrPC say?

The powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence which was investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, or which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or which was committed by a person in the service of the Central Government, while acting or purporting to act in the discharge of his official duty. shall not be exercised by the State Government except after consultation with the Central Government. No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.

Indian StandardSection 435, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 435 (India)
Court Pleading StandardSection 435 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/435

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 435 CrPC

What is Section 435 of CrPC?

Section 435 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "State Government to act after consultation with Central Government in certain cases". The section states: The powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence which was investigated...

What is the punishment under Section 435 of CrPC?

Section 435 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 435 of CrPC bailable or non-bailable?

Whether Section 435 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 435 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)