Supremacy of Section 433-A over the Remission Rules and short-sentencing statutes made by the various States -SC

AUGUST 03, 2021 

Code of Criminal Procedure, 1973 – Section 433A – Restriction on powers of remission or commutation in certain cases – a prisoner has to undergo a minimum period of imprisonment of 14 years without remission in the case of an offence, the conviction of which carries death sentence, to take benefit of policy of remission framed by an appropriate government under Section 432 of the Code in view of the overriding provision of Section 433-A of the Code. However, the power of the Hon’ble Governor to commute sentence or to pardon is independent of any such restriction or limitation. The State Government can frame a policy of grant of remissions either under Section 432 of the Code or under Article 161 of the Constitution. The Governor continues to exercise the power of commutation and release under Article 161 of the Constitution, notwithstanding Section 433-A of the Code. The action of commutation and release can thus be pursuant to a governmental decision and the order may be issued even without the Governor’s approval. However, under the Rules of Business and as a matter of constitutional courtesy, it may seek approval of the Governor, if such release is under Article 161 of the Constitution. 

THE STATE OF HARYANA & ORS.  

 Vs  

 RAJ KUMAR @ BITTU